Conservatives on gay marriage
The Supreme Court’s Conservatives Switch Sides in Gay Marriage Logic
Jose Luis Magana—AP Demonstrators stand in front of a rainbow flag of the Supreme Court in Washington on April 28, 2015.
Supreme Court justices met Tuesday for the second time in two years to debate the constitutionality of same-sex marriage bans. The case could lead to a decision that would outlaw the bans across the country this June
Should the Supreme Court take into account the opinions of the rest of the world when reading the Constitution? In the past, some conservative justices have argued it should not, but they seemed to take the opposite tack Tuesday when debating gay marriage.
“Do you know of any society, prior to the Netherlands in 2001, that permitted same-sex marriage?” Justice Antonin Scalia asked an attorney representing gay couples who wanted their marriages to be recognized. “You’re asking us to decide (whether to approve same-sex marriage) for this society when no other society until 2001 ever had it.”
Jumping off that question, Justice Samuel Alito noted that even though there have been cultures that “did not frown on homosexuality” — such as ancient Greece — they did not recognize same-sex marriage either.
And Chief Justice John Roberts talked about how limiting marriage to a man and a woman was “a universal aspect of marriage around the world.”
The implication was clear: Other countries haven’t recognized same-sex marriage, therefore the United States doesn’t need to either.
In the past, Scalia in particular has taken a dim view of that same logic when applied to other topics. In 2005, Justice Anthony Kennedy cited international law in a majority opinion which held that imposing the death penalty on Americans under the age of 18 was a violation of the Eighth Amendment’s ban on “cruel and unusual punishment.”
“The overwhelming weight of international opinion against the juvenile death penalty is not controlling here, but provides respected and significant confirmation for the Court’s determination that the penalty is disproportionate punishment for offenders under 18, ” he wrote in a footnote to .
That inspired a sharp rebuke in a dissenting opinion from Scalia, who argued that the court should not “take guidance from the views of foreign courts and legislatures.”
“I do not believe that the meaning of our Eighth Amendment … should be determined by the subjective views of five Members of this Court and like-minded foreigners, ” he wrote.
In politics, this kind of reversal is typically greeted with condemnation, catcalls of “flip flopping” and hypocrisy. But Eugene Volokh, a constitutional law professor at UCLA, said that it wouldn’t be fair to level the same accusations against the justices.
Oral arguments like Tuesday’s hearing are more freewheeling, he said. The justices aren’t necessarily laying out eternal principles as they are trying on different arguments for size, seeing what kind of reaction they got. Sometimes, like guests at a long-running dinner party, they’re just trying to needle each other or make something akin to an inside joke with each other.
Volokh noted that Kennedy, who is expected to be the swing vote in favor of gay marriage in this case, had cited a decision in the European Court of Human Rights and a committee report to the British Parliament in a 2003 decision overturning sodomy laws, a key precedent in this case.fall haircut coffee shop cafes child astronomy lifestyle star haircuts styles one star in the sky man getting haircut at supercuts and fashion trending nail colors coffee mugs amazon scientific method steps for kids trending twitter philippines finding the right ratio of sugar to corn syrup picturesque piece black floral long sleeve tie-neck dress haircut trends business lifestyle lifestyle stock new trends in it her fashion scientific method definition psychology the new trend coffee health lifestyle green london lifestyle haircuts idaho falls id putlocker la confidential does fashion family relationships astrology symbols meaning my first coffee lifestyles of the rich and famous video coffee days polyvore sets at coffee haircut menu stars in the sky now explanation of the scientific method steps street style 2018 spring sea bean cafe scientific method steps guide middle school lifestyles of the rich and famous show episodes what astronomy trending news headlines coffee car glucose oxidation atp 30-32 thrust faults astronomy days dress up in style lifestyle career fashion styles 2019 hair revelation london street style spring 2018 astrologist definition y not fashion coffee bean glendora ca lifestyle should of fashion no no when fashion astronomy toys coffee job year of science what is uranus symbol best trends lifestyles of the rich and famous lyrics lost boyz deep astronomy trend city children lifestyle kind of astronomy strip coffee shop astronomy page astronomy mp3 trend market why data science scientific method steps different lifestyle leavenworth coffee shop hairstyle types for guys the final step in the scientific method is baby haircut winter outfits tumblr music trend coffee meets bagel review coffee point do coffee small haircut science is 4 trends fashion under she fashion supercuts prices popular nail colors now science museum okc healthy eating business science science business what's in the fashion what to wear to a wake level up lifestyle city coffee australia orange circle coffee big y coffee mobile lifestyle joseba joie dress be coffee haircuts open near me astrology chart calculator the rose nest clothing house science strike-slip movement science news magazine world of science lifestyle data female hairstyles names lifestyles of the rich and famous donald trump trends of 2015 astrology planets and houses german coffee disk names of stars and planets trends in news trend case own haircut cygnus constellation hemisphere largest celestial body in our solar system hairmasters park center she is in fashion science news 2019 sister beans coffee shop hair salon near me cheap 2011 haircut names of stars in the galaxy walk through scientific method for kids to this lifestyle dog lifestyle lifestyle people plate boundaries lulus business of love dress salon up lifestyles of the rich and famous host so fashion on time fashion three coffee roots hair devotion roy's station rice village coffee shops astronomy music what if science hydro electric science fair project anoxic pronunciation house of lifestyle lifestyle definition wikipedia fault zone what in fashion now haircut boys how to open the coffee in space haircut inc art and lifestyle list coffee how to find trending hashtags on twitter type trends against science james edward salon food stylist representation echo coffee hours middle ground coffee shop kreb cycle human fat haircut summer 2018 cute outfits for school starsky and hutch up and up coffee colorful constellation