In an interview with California Lawyer, Scalia said that the Constitution itself does not protect women and gay men and lesbians from discrimination In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we've gone off in error by applying the 14th Amendment to both? Yes, yes. Sorry, to tell you that. ... But, you know, if indeed the current society has come to different views, that's fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. 44 - Scalia: Constitution does not protect women against discrimination Scalia, possibly the most favorite judge of those on the right. I guess that leaves only "white men". Hmmm, or Republicans. Yes, Republican White men are protected and, if I understand him, "elevated". Take away woman, gays, and people of color, who's left? Yes, who indeed?