Speaking on Friday at the University of Richmond, Supreme Court Justice Antonin Scalia denounced the concept of a “living Constitution” and said the 14th Amendment was not written with the intent of granting equal protection to ALL Americans. Just the heterosexual ones.
“The due process clause has been distorted so it’s no longer a guarantee of process but a guarantee of liberty,” Scalia expounded. “But some of the liberties the Supreme Court has found to be protected by that word – liberty – nobody thought constituted a liberty when the 14th Amendment was adopted.
“Homosexual sodomy? It was criminal in all the states. Abortion? It was criminal in all the states. The way to change the Constitution is through amendments approved by the people, not by judges altering the meaning of its words,” he added.
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Of course, nobody at the time the 14th Amendment was written thought “liberty” included the right to marry a person of a different race. Those damned activist judges!!!
I wonder why Scalia didn’t use that as an example. That is the logical conclusion of his “argument.”