USA: Supreme Court Told Gays Aren’t Gay; Scalia Says No One Knows His Position on Marriage Equality

Written by scott on January 29th, 2013

US Supreme CourtThe FRC, in its amicus brief to the Supreme Court on is rehashing one of its old claims on marriage equality and the gays, Think Progress reports:

FRC claims that gays and lesbians do not deserve nondiscrimination protections because of their sexual orientation, but adds that even if they did, the Court could still rule against them in these cases. The group explains this by pointing out that gay people can enter opposite-sex couples, and thus laws like DOMA and Prop 8 do not discriminate specifically against gay people, just same-sex couples.

The brief explains:

DOMA “does not distinguish between persons of heterosexual orientation and homosexual orientation,” and identified a recent case in which a man and a woman, both identified as “gay,” entered into a valid opposite-sex marriage. It is apparent, therefore, that the right to enter into a marriage that would be recognized under S 3 of DOMA “is not restricted to (self-identified) heterosexual couples,” but extends to all adults without regard to “their sexual orientation.”

Having trouble following such twisted logic? Then you’ll love this one, from the Advocate, about Justice Scalia:

When SMU professor Bryan A. Garner asserted that he and Scalia differed on certain issues, such as gun control and marriage equality, Scalia countered that Garner’s assertion may not necessarily be true. “I haven’t expressed my views on either of those,” he said. “You’re a bleeding heart.”

Nevertheless, we’re not holding our breath waiting for Scalia to give the green light to marriage equality.


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