Let the People Decide

July 8, 2013 · Defense of Marriage Act, Supreme Court, Magazine

This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’s opinion aggrandizes the latter, with the predictable consequence of diminishing the former. .  .  .

JUSTICE SCALIA DISSENTS

June 3, 1996 · Magazine, Editorials, Antonin Scalia

The Court has mistaken a Kulturkampf for a fit of spite. The constitutional amendment before us here is not the manifestation of a "'bare . . . desire to harm'" homosexuals, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a…

JUSTICE SCALIA DISSENTS

June 3, 1996 · Magazine, Editorials, Antonin Scalia

The Court has mistaken a Kulturkampf for a fit of spite. The constitutional amendment before us here is not the manifestation of a "'bare . . . desire to harm'" homosexuals, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a…