Vote now in the 2021 Best of San Antonio Readers Poll.

Friday, June 26, 2015

Supreme Court Justices Talk Polygamy, Slavery And Marriage Equality

Posted By on Fri, Jun 26, 2015 at 2:22 PM

click to enlarge durst-scotus.jpg

Yes, there are fundamental rights every citizen should enjoy, but we can’t let you have them. Sorry. Harsh words from the dissents of Supreme Court Justices Samuel Alito, Antonin Scalia and Clarence Thomas.

Justice Thomas embodies this statement fully saying, “One can conclude that certain essential, or fundamental, rights should exist in any just society. [However] It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution.”



Thomas attacks the majority judges, “Indeed, from the standpoint of history and tradition, a leap from opposite-sex marriage to same-sex marriage is much greater than one from a two-person union to plural unions, which have deep roots in some cultures around the world. If the majority is willing to take the big leap, it is hard to see how it can say no to the shorter one.”

Let’s not stop there.

Thomas assumes the Supreme Court’s wrongful use of due process in favor of slave owners in Dred Scott v. Sandford (1857) equates to the wrongful use of due process in favor of marriage equality.

Concluding his dissent, Thomas states:

“If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it. I respectfully dissent.”

For Justice Alito the decision for marriage equality was so outlandish the majority must have been drunk, “The stuff contained in today’s opinion has to diminish this Court’s reputation for clear thinking and sober analysis.”

Read all the dissenting opinions at the bottom of the San Antonio Current's live blog.

Tags: , , , , , , , , ,

Support Local Journalism.
Join the San Antonio Current Press Club

Local journalism is information. Information is power. And we believe everyone deserves access to accurate independent coverage of their community and state. Our readers helped us continue this coverage in 2020, and we are so grateful for the support.

Help us keep this coverage going in 2021. Whether it's a one-time acknowledgement of this article or an ongoing membership pledge, your support goes to local-based reporting from our small but mighty team.

Join the San Antonio Press Club for as little as $5 a month.

Read the Digital Print Issue

June 16, 2021

View more issues

Newsletters

Join SA Current Newsletters

Sign Up Now

Subscribe now to get the latest news delivered right to your inbox.

Calendar

© 2021 San Antonio Current

Website powered by Foundation