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Text of Justice Scalia's Dissenting Opinion [to paraphrase, "epitaph for Christian civilization"]
SCOTUS ^ | Justice Scalia

Posted on 06/26/2003 6:15:35 PM PDT by Polycarp

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To: Polycarp
Freepers, rather than waiting to see what happens with Estrada, we need to take the lead. That means presuring Senators, special interest groups, media organizations, etc. This thread is meant to be an ongoing effort to get this man confirmed. For too many years liberals have had their way on the courts. Now, President Bush is in a position to move the courts to the right. The election of '02 showed that the country is with the President. I think it's time to let Daschle, Hillary, and Pelosi know this is Bush country. Are you with me! Let's FREEP these people.

http://www.freerepublic.com/focus/f-news/847037/posts
21 posted on 06/26/2003 6:49:08 PM PDT by votelife (FREE MIGUEL ESTRADA!)
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To: RAT Patrol
As it stands now, gay marriage via the courts is just a matter of time unless we get a Constitutional Marriage Amendment.

I'm not as pessimistic as you are. Especially if Bush gets to appoint a Justice or two to the Court.

22 posted on 06/26/2003 6:51:06 PM PDT by sinkspur
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To: Polycarp; All
Everyone should take note that dissents are just as important as majority opinions. Dissents can form not only a warning but as the kernel of future majority opinions. This dissent can be used to limit this opinion solely to consentual sex in the privacy of the bedroom which had no (in theory) impact outside the bedroom.

If remains to be seen if those who are outraged today will be outraged in 2004, 2008. The homosexuals want your children and grandchildren, and the homosexuals are not going to give up until they have them.
23 posted on 06/26/2003 6:51:38 PM PDT by longtermmemmory
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To: sinkspur
I found it interesting that Thomas felt a need to express his personal opinion of the law.

I share his dissent completely. The reason that he stated his opinion of the law was to point out that he rules on cases based on the law, not his personal opinion, and that the majority in this case did not and does not. He is not standing up for some personal agenda, he is pointing out that the duty of a Supreme Court justice is to make rulings based on law without regard to personal opinion.

Thomas is the bravest justice. Scalia is the giant brain. They are the last dying voices of what the Supreme Court was intended to be.
24 posted on 06/26/2003 6:55:24 PM PDT by Arkinsaw
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To: sinkspur
You're hopeless, Sinky ;-)

Context is our friend.

Here, I'll help you:

It is clear from this that the Court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the demo-cratic rules of engagement are observed. Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.

The Court views it as "discrimination" which it is the function of our judg-ments to deter. So imbued is the Court with the law profession’s anti-anti-homosexual culture, that it is seem-ingly 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; that proposals to ban such "discrimination" under Title VII have repeatedly been rejected by Congress...and that in some cases such "discrimination" is a constitutional right,

Social perceptions of sexual and other morality change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best. That homosexuals have achieved some success in that enterprise is attested to by the fact that Texas is one of the few remaining States that crimi-nalize private, consensual homosexual acts. But per-suading one’s fellow citizens is one thing, and imposing one’s views in absence of democratic majority will is some-thing else. I would no more require a State to criminalize homosexual acts—or, for that matter, display any moral disapprobation of them—than I would forbid it to do so. What Texas has chosen to do is well within the range of traditional democratic action, and its hand should not be stayed through the invention of a brand-new "constitu-tional right" by a Court that is impatient of democratic change.

25 posted on 06/26/2003 6:55:35 PM PDT by Polycarp (Free Republic: Where Apatheism meets "Conservatism.")
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To: Jorge
Would you like to see legal homosexual marriage?
26 posted on 06/26/2003 6:56:43 PM PDT by mfreddy
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To: sinkspur
I'm not as pessimistic as you are. Especially if Bush gets to appoint a Justice or two to the Court.

Unfortunately, in totally destroying the majority opinion Justice Scalia has described the roadmap to finally breaking down the legal obstacles to all those things. This flawed ruling will serve as the precedent for many other rulings in the future. Scalia is the giant brain, he knows what will be built on this and has described it in detail in that dissent.
27 posted on 06/26/2003 6:58:49 PM PDT by Arkinsaw
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To: Jorge
Enough of the drama queen hysteria over this decision.

Typical, Jorge. We can always count on you to spout the homo agenda.

28 posted on 06/26/2003 6:59:22 PM PDT by Polycarp (Free Republic: Where Apatheism meets "Conservatism.")
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To: sinkspur
I found it interesting that Thomas felt a need to express his personal opinion of the law.

Yes. Even if he was not in the majority..the fact that he said that he needed to speak out and say he thought the sodomy laws were silly...makes those on this board who are hysterical about it look pretty silly.

I guessed that the law would be overturned, but I thought it would be on the grounds that O'Connor found, which is equal protection, since this law singled out homosexual sodomy.

Yes..the fact that these people want to enforce these laws when it comes to homosexuals yet ignore them when it comes to heterosexuals clearly defines them as hypocritical bigots.

Who wants people like this in control of the sex police or ANYBODY in a position of power?

Not most Americans.

29 posted on 06/26/2003 6:59:52 PM PDT by Jorge
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To: Jorge
Would you like to see legal homosexual marriage?
30 posted on 06/26/2003 7:04:33 PM PDT by mfreddy
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To: sinkspur
Clarence Thomas is against it; he thinks it's "silly."

Silly or wise, for or against.

Not: Constitution or Un-Constitutional.

Proof positive that there's a new despot in town.

Bow down before your new RULERS. The Supremes will brook no dissent from Amendments, Legislatures, or the people.

31 posted on 06/26/2003 7:07:28 PM PDT by Uncle Miltie (Racism is the codified policy of the USA .... - The Supremes)
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To: Polycarp
Typical, Jorge. We can always count on you to spout the homo agenda.

And we can always count on you to post these hollow one-liners.....that don't even attempt to address posts that challenge you.

And of course we can't expect you to point out where I actually "spout the homo agenda" ANYWHERE in my posts....

..anymore than you can support ANY of your baseless accusations against those who disagree with your numerous hysterical and hypocritical rants about your favorite obsession...homosexuals.

32 posted on 06/26/2003 7:07:33 PM PDT by Jorge
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To: sinkspur
It's pointless debating with these people.

Also, I find it odd that the affirmative action decision threads did not garner NEARLY the responses that the sodomy decision did.

Isn't that a bit twisted? What's wrong with some people on FR who want to jail adults for behavior that doesn't harm them(and dont give me that disease crap, that's heteros too) but don't seem to care as much about racial discrimination by an arm of the state?

It's this stuff that will get Republicans killed in elections. I'm no fan of the homosexual agenda, but that doesn't mean that because a right is not explicitly listed in the constitution that it doesn't exist.

The idiots who keep parroting that crap are basically statists who think the Constitution is a "grant" of rights.

All of you who think that are morons.
33 posted on 06/26/2003 7:07:42 PM PDT by Skywalk
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To: Jorge
Truthfully, your obsession with what homosexuals are doing is not shared by most Christians... let alone the general public.

As a homosexual apologist, jorge, you sure as hell do not speak for most true Christians.

Blather on all you want.

34 posted on 06/26/2003 7:08:59 PM PDT by Polycarp (Free Republic: Where Apatheism meets "Conservatism.")
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To: Jorge
Do you support legal homosexual marriage?
35 posted on 06/26/2003 7:11:54 PM PDT by mfreddy
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To: mfreddy
Would you like to see legal homosexual marriage?

No way. Marriage is by definition a monogamous union between a man and a woman.

God created man and woman and marriage and we can't just define it as anything we want it to be.

This is a lot different than believing we need the sex police to enforce, in America.. a Muslim like fundamentalist sex police state by stoning gays and shooting women in the head on the sidewalk for unfaithfulness.

36 posted on 06/26/2003 7:12:47 PM PDT by Jorge
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To: Jorge
Do you think the states should recognize unions between people of the same sex and give them all the recognition and benefits that traditional marriage gives to heterosexuals?
37 posted on 06/26/2003 7:15:44 PM PDT by mfreddy
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To: Polycarp
Countless judicial deci-sions and legislative enactments have relied on the an-cient proposition that a governing majority’s belief that certain sexual behavior is "immoral and unacceptable" constitutes a rational basis for regulation. "

And there you have it. "countless judicial decisions and legislative enactments" have relied upon the majority's belief.

What we have today is a Supreme Court that defies the majority belief and allows immorality.

Where before a society might well expect devine punishment if the majority embraced immorality. Today we are in a situation where the Government specifically the court has embraced immorality to an extent far greater than the people have.

The great question is whether the people will be able to assert their rights and turn back the court's decision or whether by the court's permissiveness, society will degrade to the point that the majority indeed deserve devine chastisement.

38 posted on 06/26/2003 7:16:43 PM PDT by DannyTN (Note left on my door by a pack of neighborhood dogs.)
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To: Jorge; sinkspur
But per-suading one’s fellow citizens is one thing, and imposing one’s views in absence of democratic majority will is some-thing else. I would no more require a State to criminalize homosexual acts—or, for that matter, display any moral disapprobation of them—than I would forbid it to do so. What Texas has chosen to do is well within the range of traditional democratic action, and its hand should not be stayed through the invention of a brand-new "constitu-tional right" by a Court that is impatient of democratic change.

You two are using Thomas against Scalia. I side with Scalia. You are purposely trying to change the point, which is the homo agenda of the expansion of "rights" to include marriage and using the power of the state to silence critics of homosexuality.

Jorge, I expect as much from one as you.

Sink, you've got no excuse. You know the wider issues here, but disingenuously pretend there is no connection between this decision and the attempt to expand homo rights.

Read Scalia again, Sink. Then recall The church's teachings:

Cardinal Ratzinger and the Congregation for the Doctrine of the Faith, in 1990, enumerated the definitive church teaching on this issue, with a document entitled "Some Considerations Concerning the Catholic Response to Legislative Proposals on the Non-Discrimination of Homosexual Persons." Paragraph 9 of this document states:

``In assessing proposed legislation, the Bishops should keep as their uppermost concern the responsibility to defend and promote family life'' (no. 17). Furthermore, under "Applications," Paragraphs 10 and 11 of the Document states: 10. ``Sexual orientation'' does not constitute a quality comparable to race, ethnic background, etc. in respect to non-discrimination. Unlike these, homosexual orientation is an objective disorder (cf. ``Letter,'' no. 3). 11. There are areas in which it is not unjust discrimination to take sexual orientation into account, for example, in the consignment of children to adoption or foster care, in employment of teachers or coaches, and in military recruitment.

Paragraph 16 states:

"Finally, since a matter of the common good is concerned, it is inappropriate for Church authorities to endorse or remain neutral toward adverse legislation even if it grants exceptions to Church organizations and institutions. The Church has the responsibility to promote the public morality of the entire civil society on the basis of fundamental moral values, not simply to protect herself from the application of harmful laws (cf. no. 17)."

39 posted on 06/26/2003 7:17:46 PM PDT by Polycarp (Free Republic: Where Apatheism meets "Conservatism.")
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To: Polycarp
LOL compared to Thomas, Scalia is a fascist.

It took Justice Thomas awhile to come around, but he's starting to really shape up as a Constitutionalist in the truest sense, while Scalia has rarely met an expanded State power that he did not like.

Look back at the history of their decisions. It seems quite clear to me.
40 posted on 06/26/2003 7:19:59 PM PDT by Skywalk
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