Student asks Justice Scalia: "Do you sodomize your wife?"

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By Paul Campos

Of course Scalia is biased against gays—but that’s not the real problem with his tactless homophobic screeds, writes Paul Campos.

Back in 2004, Justice Antonin Scalia was participating in a panel discussion at NYU Law School when the subject of his famously scathing dissent in Lawrence v. Texas came up. One year earlier, the Supreme Court had ruled in Lawrence that the Constitution prohibits criminalizing sodomy between consenting adults, overturning recent precedent and saying, effectively, that gay men and lesbians couldn’t have their sex lives treated as criminal activity.

As he often is when the subject relates to gay rights, Scalia was furious, writing: “so imbued is the Court with the law profession’s anti-anti-homosexual culture, that it is seemingly unaware that the attitudes of that culture are not obviously ‘mainstream’; that in most States what the Court calls ‘discrimination’ against those who engage in homosexual acts is perfectly legal.”

When the time came for audience questions, a student named Eric Berndt stood up in the packed auditorium and pressed Scalia to explain his dissent, particularly his opinion as to whether it was constitutional for the government to peer into the bedrooms of consenting adults and punish them for what goes on in there. When Scalia did not answer to the student’s satisfaction, Berndt asked him, “Do you sodomize your wife?”

It was a breathtaking moment (Scalia simply glowered at Berndt without responding), and it triggered days of news coverage and weeks of hot-blooded recriminations at law schools across the country. After the shock of the question had worn off, some criticized Berndt for being so disrespectful of an august public official, but a larger number of students spoke out in his defense.

In retrospect, that exchange, and the response to it, revealed a key weakness in Scalia’s continued stance regarding gay rights in America.

The justice has pushed that stance to the forefront again in recent days. His latest intemperate remarks—comparing laws against homosexuality to laws against murder—have whipped up the predictable firestorm, but he’s made comments like this so often that some are asking whether he ought to recuse himself from participating in the Supreme Court’s upcoming decisions on the matter.

More: Justice Antonin Scalia In Hot Water Again Over Homosexual Comments - The Daily Beast

Debriefing Scalia | The Nation
 
I have always felt that Scalia is a loose cannon and unfit to serve on the Supreme Court. I also don't believe he's smart enough to be there.
 
I have always felt that Scalia is a loose cannon and unfit to serve on the Supreme Court. I also don't believe he's smart enough to be there.

Thankfully, your opinion on someone elses intelligence is about as important as an actors opinion on nuclear physics.
 
I have always felt that Scalia is a loose cannon and unfit to serve on the Supreme Court. I also don't believe he's smart enough to be there.

Scalia is right. The Constitution is silent on sodomy, gay marriage, abortion etc. If you want to pretend that those rights are covered in the Constitution and not left up to the states then your free to it I guess. But that would mean that the Constitution means absolutely nothing as we could just make stuff up as we go along. That is in fact the very definition of "progressive." What is it that liberals hate about Scalia? Scalia is blocking their path to limitless federal power.
 
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"Mere factual innocence is no reason not to carry out a death sentence properly reached."
--U.S. Supreme Court Justice Antonin Scalia
 
So are you Scalia supporters saying that all consensual oral or anal sex should be illegal or only consensual oral or anal sex between some people should be illegal.

You can't apply laws to some and not to others. That is unconstitutional.
 
Will be? He already is.

no doubt Berndt had no fetchins up displaying such poor manners.

Typical of a progressive.

No so, if you read the 2nd link in the OP. He knew what he was saying...and why...

there is no excuse for poor manners.

But being the prog you are you would not understand.

All of you display poor manners and have no impulse control.

Your philopsophy is , gratification delayed is gratification denied
 
I have always felt that Scalia is a loose cannon and unfit to serve on the Supreme Court. I also don't believe he's smart enough to be there.

Scalia is right. The Constitution is silent on sodomy, gay marriage, abortion etc. If you want to pretend that those rights are covered in the Constitution and not left up to the states then your free to it I guess. But that would mean that the Constitution means absolutely nothing as we could just make stuff up as we go along. That is in fact the very definition of "progressive." What is it that liberals hate about Scalia? Scalia is blocking their path to limitless federal power.

You act as if Scalia doesn't make stuff up as he goes alone. He has no problem with limitless federal power when it's exercised toward ends he prefers.
 

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