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Wednesday, September 29, 2004

Scalia on Gay Marriage

Our most lovable Supreme Court Justice made a speech in Cambridge in which he rather strongly hinted at the Big Issue up in that neck of the woods of late:

Supreme Court Justice Antonin Scalia says he believes "abstract moralizing" has led the American judicial system into a quagmire, and that matters such as abortion and assisted suicide are "too fundamental" to be resolved by judges.

"What I am questioning is the propriety, indeed the sanity, of having value-laden decisions such as these made for the entire society ... by judges," Scalia said on Tuesday during an appearance at Harvard University's Kennedy School of Government. ...

"I believe in liberal democracy, which is a democracy that worries about the tyranny of the majority, but it is the majority itself that must draw the lines," Scalia said.

But what law isn't value-laden? When do things become "too fundamental" for judges to handle? What if the majority has "drawn lines" in terms of the rights everyone should have but refuses to actually grant such rights to a minority group?

Judges can be a force for good in society, and it's too bad such a prominent jurist doesn't seem to realize this.