John M. Becker

SCOTUS Will Take Up Marriage Equality, Scalia Hints

Filed By John M. Becker | October 03, 2014 2:00 PM | comments

Filed in: Marriage Equality, Politics
Tags: Antonin Scalia, gay marriage, marriage discrimination, marriage equality, same-sex marriage, SCOTUS, Supreme Court

Justice-Antonin-Scalia .jpgSupreme Court Justice Antonin Scalia, the High Court's most outspoken and virulent homophobe, strongly hinted this week that he and his fellow justices will take up the issue of marriage equality this term.

The Wall Street Journal reports:

A coy Supreme Court Justice Antonin Scalia fielded questions about marijuana legalization and same-sex marriage and defended the role of religion in public life during a visit to Colorado on Wednesday.

After giving a speech against the concept of an evolving Constitution, Justice Scalia at the University of Colorado was asked by a high school student about Colorado becoming the first state to allow recreational-pot sales, according to the Associated Press...

The justice was also asked when we'll find out if the high court will take up the question of whether state same-sex marriage bans are constitutional.

"I know when, but I'm not going to tell you," he reportedly replied, getting a big laugh from the audience. "Soon! Soon!" he added.

Scalia is now the second Supreme Court Justice in recent weeks to suggest that the court intends to hear one or more same-sex marriage cases: Justice Ruth Bader Ginsburg dropped a big hint in August as well.

There's no question as to which way Scalia will vote on the issue -- he's infamously compared gay sex to "flagpole sitting," defended sodomy laws, and equated disapproval of gay sex to disapproval of things like child pornography, bestiality, and murder.

But even the most die-hard conservatives are now admitting that Scalia will likely be in the minority: Paul Clement, the lawyer who argued in favor of marriage discrimination in front of the Court (and lost) in the Windsor case, recently admitted that "it's going to be hard to count to five votes for upholding these laws" against same-sex marriage.

So what are you waiting for, Supremes? Take up a case (or two, or five) and legalize marriage equality already. America is ready for the freedom to marry!

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