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Pretty much. Legolas Send a noteboard - 05/08/2010 01:44:22 PM
Because he was using a "floodgates" argument (or possibly reductio ad absurdum) in a dissenting judgement. In context (as I understand it) he was saying "If we rule that an anti-sodomy law is constitutional, the logical consequence is gay marriage – what a horrifying idea!" And now the gay marriage case is quoting that dictum of his and saying "Yes, the logical consequence is gay marriage".


His dissent is quoted in support of one of the findings of fact which states that "California, like every other state, has never required that individuals entering a marriage be willing or able to procreate".

I just read the entire Scalia dissent on Lawrence v. Texas, though, and the scary part is I'm inclined to largely agree. But then, that has less to do with my social views which are miles away from Scalia's, and more with my living in a civil law country where the notion of courts reaching all kinds of farreaching decisions is rather new. Though of course the European Court of Justice nowadays is making similarly influential decisions. In any case, Scalia's argumentation dismantling the majority opinion is fairly convincing.

Though I should note that there is one gaping weakness in his dissent, which is that he argues morality - which according to Lawrence v. Texas isn't sufficient reason for denying people rights - is the only justification for laws against the following: "fornication, bigamy, adultery, adult incest, bestiality, same-sex marriage, masturbation, prostitution and obscenity". Which is utterly silly - as far as I'm aware, there aren't even any laws against fornication, adultery and masturbation anymore, or at least they're never enforced, while there are obvious reasons to prohibit several others that don't rely on morality. About same-sex marriage and obscenity, he's right of course, and arguably about prostitution as well, but the list as a whole looks ridiculous.
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Judge rules California's ban on same-sex marriage is unconstitutional - 04/08/2010 10:40:50 PM 1437 Views
Thank God. *NM* - 04/08/2010 10:52:30 PM 408 Views
Amen. *NM* - 05/08/2010 02:09:24 AM 474 Views
Good news, but as the article says, it'll go all the way to the SC. - 04/08/2010 10:55:58 PM 777 Views
So then is that how we do it? - 04/08/2010 11:01:19 PM 918 Views
Of course. - 04/08/2010 11:04:59 PM 810 Views
His point was - 04/08/2010 11:40:14 PM 957 Views
Yeah but: What Ghavrel said below *NM* - 05/08/2010 08:01:02 AM 460 Views
And again... - 05/08/2010 06:08:56 PM 678 Views
well that is sort of the idea of how democracy works - 04/08/2010 11:06:57 PM 804 Views
I'm not the one who came up with the referendum system, you do realize. - 04/08/2010 11:11:13 PM 793 Views
The referendum system, in my opinion, has been a failure, especially in CA. - 04/08/2010 11:46:21 PM 891 Views
democracy has been a failure in CA. - 05/08/2010 02:42:21 PM 667 Views
No. It just shows the problems of a crazy electorate. - 05/08/2010 03:29:21 PM 809 Views
I think you made my point *NM* - 05/08/2010 03:35:00 PM 429 Views
About Californians being crazy, yes. *NM* - 05/08/2010 04:53:32 PM 401 Views
we vote fro way to much crap in general - 05/08/2010 02:41:19 PM 741 Views
Yeah, I agree. - 05/08/2010 04:11:34 PM 745 Views
my one recent dealing with our criminal justice - 05/08/2010 04:25:30 PM 767 Views
There are certain things that should not be decided by a vote... - 05/08/2010 02:02:45 AM 828 Views
I do agree with you on that. Hell yes, and on a subject like this in particular. - 05/08/2010 02:17:24 AM 861 Views
Re: I do agree with you on that. Hell yes, and on a subject like this in particular. - 05/08/2010 10:46:54 AM 837 Views
I understand it. - 05/08/2010 03:06:40 PM 826 Views
I know you don't support proposition 8 - 05/08/2010 03:29:34 PM 842 Views
- 05/08/2010 03:34:01 PM 849 Views
But that is just simplistic and silly to complain about when it is a long standing possibility - 05/08/2010 03:46:59 PM 738 Views
Oh, ees it? - 05/08/2010 04:07:39 PM 868 Views
Well they knew the rules before they started the whole thing - 05/08/2010 04:12:33 PM 744 Views
Why would you complain if you won? - 05/08/2010 04:15:20 PM 813 Views
You could recognise that you won by the system working in a way you don't like? - 05/08/2010 04:23:58 PM 690 Views
I'm sure that happens, in general. - 06/08/2010 02:43:18 PM 669 Views
It seems to happen a lot nowadays - 06/08/2010 03:06:33 PM 701 Views
instead it should be decided by judges who answer to no one? *NM* - 05/08/2010 07:12:59 AM 414 Views
The same judges who upheld our private right to bear arms. - 05/08/2010 02:09:07 PM 833 Views
not when judges stop using the Constitution - 05/08/2010 02:30:51 PM 815 Views
Sexual preference is not the right being protected. - 05/08/2010 03:22:04 PM 872 Views
I know that the 14th amendment is routinely used in ways it was never intended. - 05/08/2010 05:25:07 PM 783 Views
I realize that, but it is ultimately a good thing. - 05/08/2010 05:31:19 PM 859 Views
I am really on the fence a bit on the whole issue - 05/08/2010 06:00:59 PM 829 Views
I generally agree with you. - 05/08/2010 06:33:56 PM 810 Views
let's take away the citizenship of all black people if that's the way you think - 05/08/2010 09:06:23 PM 715 Views
Come now lets not be stupid - 06/08/2010 05:31:18 PM 681 Views
sorry but your statement was completely ignorant. - 06/08/2010 07:27:09 PM 800 Views
I will talk as soon as you stop spouting stupid rhetoric and say something relevant - 06/08/2010 07:54:09 PM 768 Views
bullshit. you will personally attack me no matter what i say. - 07/08/2010 02:04:04 PM 820 Views
Let's just be clear about which amendment is which. - 05/08/2010 11:50:57 PM 684 Views
but that still ignores intent and expands the law in ways not intnented when it created - 06/08/2010 04:53:43 AM 740 Views
Yes, no, no, and no. - 06/08/2010 05:29:09 AM 788 Views
there are serious flaws in your thinking here - 06/08/2010 06:18:13 PM 845 Views
Your assertions continue to lack support. - 06/08/2010 07:23:17 PM 873 Views
not all you just refuse to see things you disagree with - 06/08/2010 08:36:32 PM 842 Views
...said the pot to the kettle - 06/08/2010 09:17:28 PM 921 Views
yes but a shiny stainless steel pot - 09/08/2010 11:21:33 PM 980 Views
You continue to be wrong about history and the role of courts. - 10/08/2010 01:05:39 AM 1307 Views
If he's wrong, a lot of law scholars and Supreme Court Justices are wrong. - 10/08/2010 01:44:05 AM 762 Views
Brown vs. Board of Education, 'nuff said. *NM* - 10/08/2010 04:32:37 AM 413 Views
part oif the problem appears to be you completely missing the point - 10/08/2010 01:23:19 PM 980 Views
let my simplify my argument - 10/08/2010 01:42:47 PM 703 Views
Since when is marriage a right? *NM* - 05/08/2010 04:11:16 PM 398 Views
it may not be a "right"... - 05/08/2010 04:22:44 PM 715 Views
This is where the debate comes into play.... - 05/08/2010 05:04:08 PM 737 Views
How much would it change the debate if it was nurture, really? - 05/08/2010 09:48:22 PM 756 Views
except this is not merely a matter of changing society - 05/08/2010 11:18:48 PM 797 Views
1948. *NM* - 05/08/2010 04:50:30 PM 397 Views
It's a benefit that is being extended selectively to one set of the populace. - 05/08/2010 04:52:52 PM 795 Views
Hey, I'm single.... - 05/08/2010 05:05:41 PM 718 Views
That's a specious argument and you know it. - 05/08/2010 05:13:17 PM 784 Views
A homosexual has every opportunity as well..... - 05/08/2010 05:23:56 PM 736 Views
Oh quit the bullshit already. - 05/08/2010 05:29:15 PM 968 Views
Slow your role... - 05/08/2010 09:08:54 PM 834 Views
Your religious beliefs have 100% to do with your position. - 05/08/2010 09:43:23 PM 876 Views
Sorry, but what a nonsense. - 05/08/2010 09:27:17 PM 722 Views
hey that's it, jens! you solved the WHOLE PROBLEM!!! - 05/08/2010 11:24:29 PM 838 Views
ON TO WORLD HUNGER! - 06/08/2010 07:59:51 AM 726 Views
LET THEM HAVE CAEK. *NM* - 06/08/2010 02:29:56 PM 381 Views
Are you sure it's wise to feed people on a lie? *NM* - 06/08/2010 02:34:26 PM 473 Views
People are fed lies all the time - 06/08/2010 09:30:37 PM 706 Views
I agree with you - 05/08/2010 05:06:40 PM 772 Views
That's not valid. - 05/08/2010 05:26:50 PM 765 Views
I invite you to read the judge's conclusions, linked again inside. - 05/08/2010 11:43:44 PM 814 Views
Since 1948 - 06/08/2010 04:01:02 AM 935 Views
gah. can. only. see. typo. *NM* - 06/08/2010 03:43:21 PM 375 Views
I don't see any typo... *NM* - 06/08/2010 04:07:18 PM 429 Views
Open the link. *NM* - 06/08/2010 04:47:04 PM 523 Views
Oh, right. Yeah, that does kinda detract from things. *NM* - 06/08/2010 04:48:47 PM 409 Views
I agree - 05/08/2010 07:22:17 AM 784 Views
And Civil Rights lost the Democrats the South. - 05/08/2010 03:44:56 PM 797 Views
but it was done by congress passing laws and the president signing those laws - 05/08/2010 04:20:19 PM 743 Views
uhm, what? - 05/08/2010 04:24:43 PM 734 Views
those were mostly rulings up holding laws not stiking them down - 05/08/2010 05:05:15 PM 825 Views
I was under the impression that the supreme court had a role in it - 05/08/2010 04:31:51 PM 732 Views
but the court was not over turning the laws passed by congress - 05/08/2010 05:11:06 PM 787 Views
No, like in this case, isn't it? - 05/08/2010 05:24:19 PM 713 Views
I would say that is another case of judicial activism and shows the danger of the practice - 05/08/2010 05:43:02 PM 690 Views
Which one is? I imagine from different view points both are. - 06/08/2010 10:34:11 AM 685 Views
The law wasn't constitutional. - 07/08/2010 06:17:04 AM 723 Views
well it will take a higher court to decide that - 09/08/2010 10:46:15 PM 758 Views
Hard to believe it's the same governor who said "Gay marriage should be between a man and a woman." *NM* - 04/08/2010 11:05:45 PM 487 Views
Or "Iff it bleeds we can kill itt!" *NM* - 04/08/2010 11:14:45 PM 461 Views
Another step in the right direction. *NM* - 04/08/2010 11:08:15 PM 476 Views
Link to the full court order inside: - 04/08/2010 11:43:29 PM 928 Views
The judge quoting Scalia in favour of gay marriage is fairly amusing. - 04/08/2010 11:50:47 PM 785 Views
What page was that on? - 05/08/2010 11:25:49 AM 702 Views
Nah, it was way above page 109, in the findings of fact somewhere. - 05/08/2010 12:37:48 PM 812 Views
Oh, that is brilliant. - 05/08/2010 01:12:21 PM 716 Views
Pretty much. - 05/08/2010 01:44:22 PM 841 Views
I've always wondered what basis there is for banning necrophilia if "it's disgusting" is invalid. - 05/08/2010 01:51:19 PM 795 Views
because you cannot give consent when you are dead? - 05/08/2010 03:04:46 PM 803 Views
what if you give consent while you are still alive? - 05/08/2010 03:21:59 PM 871 Views
Is it then illegal? - 05/08/2010 03:23:46 PM 794 Views
I would think it would be illegal even then - 05/08/2010 03:34:31 PM 810 Views
Wikipedia to the rescue! - 05/08/2010 04:20:15 PM 958 Views
A dead body is just an object, not a person with rights. - 05/08/2010 03:27:08 PM 798 Views
Yes, but - 06/08/2010 08:42:05 AM 746 Views
Absolutely not. - 06/08/2010 03:21:14 PM 793 Views
not to mention necrophilia has a large potential to be hazardous to health. - 06/08/2010 09:42:43 PM 890 Views
That was a very well written judgement. - 05/08/2010 11:24:38 AM 805 Views
- 05/08/2010 12:10:02 AM 800 Views
Totally agree. - 05/08/2010 01:01:42 PM 842 Views
+1 *NM* - 05/08/2010 03:42:08 PM 425 Views
Irrelevant decision.....this was heading to SCOTUS from day 1 *NM* - 05/08/2010 12:53:26 AM 442 Views

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