Supreme Court Justice Antonin Scalia told first year law students at Georgetown University Law School that because gay rights weren’t rooted in the Constitution, the same logic that provides them with legal protections can be applied to pedophiles. He reasoned the Constitution guarantees only political and religious protections, and it isn’t up to the courts to determine which minority groups deserve legal protections.
“What minorities deserve protection?” he said asked. “What? It’s up to me to identify deserving minorities?”
“What about pederasts?” he asked. “What about child abusers?”
“This is a deserving minority,” he joked. “Nobody loves them.”
Scalia apparently missed the point that pederasty, pedophilia and child abuse are criminal activities, while being a gay person is part of the human condition and not illegal.
Scalia argued that granting legal protections should be up to the democratic process, and he added the First Amendment already protects political and religious minorities.
The First Amendment protects free speech and specifies freedom of and from religion as well as the right to assemble. It has nothing to do with protecting minorities outside of the religious aspect – which allows anyone to practice any faith they wish.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The First Amendment clearly didn’t protect minorities given how it existed for nearly a century while Americans still owned slaves. The 13th Amendment was required to codify freedom for black men.
Aside from being completely illogical, Scalia is a perfect example of why we need to vote for a Democratic president as well as a Democratic Congress. The president nominates justices and the Senate votes. Our next POTUS will be nominating at least one Justice. A conservative SCOTUS will mean more of this type of Scalia “logic,” as well as more rulings that mirror the Hobby Lobby decision allowing employers the right to deny birth control coverage on third party insurance plans – based on religious morality.