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To: NinoFan
"As for Scalia’s opinion on gay homosexual issues, I don’t really know" as a Scalia fan I thought you would be familiar with the Supreme Court Case "Boy Scouts of America v. Dale" The majority opinion that Scalia joined -accordingly held, [paraphrased] individuals within an organization have a First Amendment right of expressive association that allows them to exclude whomever they wish from their association, and that right trumps any state interest in prohibiting discrimination against a group that identifies and differentiates itself solely by the sexual activities and partners they are predisposed to and or choose to engage in and with... It would seem -there are no "gay rights" because there are no "gays"...
72 posted on 01/28/2009 3:31:18 PM PST by DBeers (†)
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To: DBeers

I’m certainly aware of the Court’s opinion in Dale. Though he joined it, he did not author the opinion.

But the main point is that nothing in the opinion suggests that there are no such thing as gays/homosexuals, so I don’t know where you get that from. The opinion does say that the Boy Scouts have a right to decide their membership and leadership. And two justices in the Dale majority, O’Connor and Kennedy, clearly do think that gays exist as a class (though whether it’ll be a protected class on the same level as race is something we’ll have to wait for a future case to know), so again, reading Dale as some major statement against ‘gay rights’ is a bit implausible.

Dale was about the 1st Amendment which is why it managed to get five votes. It tells us little about the Justices’ views on equal protection for homosexuals or substantive due process. And it certainly tells us nothing about their PRIVATE views, which is what I was really responding to when you asked about Justice Scalia and gays. Again, he may think it’s Constitutional for the Boy Scouts to ban homosexuals, but he may not agree with that policy. We simply do not know. That’s the beauty of an originalist justice.


74 posted on 01/28/2009 3:51:48 PM PST by NinoFan
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