March 15, 2005

March of the Fundies

The QC Times is reporting that a ban on gay marriage has passed the Iowa House of Representitives, but though they have a banner headline at their site, they haven't posted the story as yet.


At 3/15/2005 9:19 PM, Blogger Dissenter said...

C-SPAN aired a very enlightening, albeit disturbing, speech given by Justice Antonin Scalia on the doctrine of Constitutional interpretation. The speech was given on March 14, 2005 to the Woodrow Wilsion International Center for Scholars. Justice Scalia, a likely candidate for Chief Justice if Rehnquist departs, argues that there is no constitutional protection for "homosexual sodomy" (his term for "homosexual marriage"). He argues that the Constitution must be strictly interpreted in accordance with its precise terms, with no interpretative analysis. Since the Constitution does not expressly and specifically afford protections for homosexuals, then homosexuals as a class are deserving of no constitutional protections.

The speech covers so many issues that it is impossible to address in this short comment. The topic, however, reminded me of the speech. I respectfully, and strongly, encourage you to watch it on C-Span. (Try,JC;)

I can't resist. Sorry for the irrelevance to the assigned topic. He argues that the Eighth Amendment prohibition against cruel and unusual punishment must be interpreted in accordance with the standards of what was cruel and unusual punishment at the time of the Amendment's enactment in 1791. Accordingly, he does not find execution of the mentally retarded or of children to be unconstitutional, since it was not unconstitutional in 1791.

Not one of the "scholars" in the audience asked him whether that means that we can only bear arms as part of a well-regulated militia formed for the purpose of presenting King George from forcing us to quarter British soldiers.

At 3/15/2005 9:26 PM, Blogger The Inside Dope said...

Scalia's a piece of work. Lord help us if he ascends to Chief Justice. He also thinks is a hoot to fly with Dick Cheney, who had a case before the court, and spend some quality time shooting captive birds. Nope, no appearance of conflict of interest there.


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