How do you Solve a Problem Like Scalia?


For the last few episodes, I've been revisiting the marriage work that I did as an reporter and activist over the last decade. And this week we'll be talking about some surprise changes coming to the US Supreme Court.

Here are a few things Antonin Scalia had to say about LGBTs:

  • "[S]uppose all the States had laws against flagpole sitting at one time, you know, there was a time when it was a popular thing and probably annoyed a lot of communities, and then almost all of them repealed those laws," Scalia asked the attorney fighting the Texas law. "Does that make flagpole sitting a fundamental right?"
  • "Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home," he wrote. "They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive." 
  • "But I had thought that one could consider certain conduct reprehensible—murder, for example, or polygamy, or cruelty to animals—and could exhibit even 'animus' toward such conduct. Surely that is the only sort of 'animus' at issue here: moral disapproval of homosexual conduct[.]"
  •  "[A job] interviewer may refuse to offer a job because the applicant is a Republican; because he is an adulterer; because he went to the wrong prep school or belongs to the wrong country club; because he eats snails; because he is a womanizer; because she wears real animal fur; or even because he hates the Chicago Cubs." 
  •  "It doesn't say you can't have—you can't have any sexual intimacy. It says you cannot have sexual intimacy with a person of the same sex."

Photo: CC BY 2.0 Stephen Masker - Supreme Court Justice Antonin Scalia

In Your Arms Kevin MacLeod ( 
Licensed under Creative Commons: By Attribution 3.0