January 4, 2011 5:33 PM

Scalia: Constitution Doesn't Protect Women or Gays from Discrimination

By
Stephanie Condon
Topics
Supreme Court
.S. Supreme Court Associate Justice Antonin Scalia speaks during debate at ACLU, Oct. 15, 2006 in Washington. (Credit: AP)

Neither women nor gays are promised protection against discrimination under the Constitution, Supreme Court Justice Antonin Scalia said in an interview with the publication California Lawyer.

Scalia's remarks has spurred criticism from liberals and from some law scholars, though he has expressed this point of view before.

"You do not need the Constitution to reflect the wishes of the current society," Scalia said. "Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws."

Scalia was specifically referencing the 14th Amendment, which states: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The justice argued that "the Constitution tells the current society that it cannot do [whatever] it wants to do... Now if you give to those many provisions of the Constitution that are necessarily broad--such as due process of law, cruel and unusual punishments, equal protection of the laws--if you give them an evolving meaning so that they have whatever meaning the current society thinks they ought to have, they are no limitation on the current society at all."

The Washington Post notes Scalia gave this analysis of the 14th Amendment back in September. Furthermore, his position on protection from discrimination on the basis of gender was exhibited in 1996, when he was the only justice to dissent from the Supreme Court decision to end the Virginia Military Institute's 157-year-old, state-supported tradition of only accepting male students.

Marcia Greenberger, founder and co-president of the National Women's Law Center, told the Huffington Post that Scalia's most recent remarks were "shocking in light of the decades of precedents and the numbers of justices who have agreed that there is protection in the 14th Amendment against sex discrimination, and struck down many, many laws in many, many areas on the basis of that protection."

Jack Balkin, a legal scholar at Yale Law School, argues that it's "not entirely true" that the 14th Amendment wasn't intended to prevent sex discrimination. The Amendment was intended to prevent discrimination in basic civil rights against single women, he argues.

"It does not simply ban discrimination based on race," Balkin writes. "The fact that the word race is not mentioned in the text (as it is in the Fifteenth Amendment) was quite deliberate."


Add a Comment See all 32 Comments
by Keith_Richard_Radford_Jr January 13, 2011 9:58 PM EST
My family was military.
As a child during a visit to Washington's state to see my grand parents in the 50's
I fell from a tree and out of my shoulder came a device that looked much like today's rfid glass chip.

When I was six years old there was a big ruckus in the town just above Whitter Ca. with the Welcome Waggon people and
Acorn, where a military officer came out and had me sign papers, offer an oath with my right hand up on the bible and showed me
my dog tags with my name on them, and other things that he mentioned.

The military and prisons have always been used to make men according to themselves because that is what they are taught to believe.

Well we made Saddam Hussein and killed him.
We made Noriega and killed him.

The making of villains and hero's are as fabricated by this process as much as Hollywood would have us all believe that when looking forinformation on Noriega IE:Manuel Antonio we would find a rapper.
IE:wrapper used to cover up the involvement of this complex deception.

The use of leaders in
any nation is based on their ability to control by what ever means not
how much they love the unseen but how effective they are in
controlling the seen, people by what ever means be it the gun or the nun.

Over the years much has happened and people bought that contract at LA High School but now that things have not worked out as they
planned they have discarded what they made again to safeguard there own murderous inclinations.

I have met with military since in SD and have been picked up for envoy too China and other positions in both computer chip tool making and food machine service in many lands and country's

I have a story about current politics that needs addressed that could help if you are serious about ending laws concerning sex because I was fitted with devices.

Even the lady that was doing business there for the welcome wagon said at the time which I did not understand then but do when she said "they want to chase skirts instead of
ambulances. If you haven't noticed, we now have indefinite detention and people are getting life sentences for changing dippers.

It is very important to understand the nature of war too understand the gravity of the situation when I say this was a stared General in our US Army and the sacrifices made on the belief in service to country at the level any soldier would for their country.

The ramification of changing laws by use of information withheld is as much as extortion and the effect of a media office like the FCC being in control of a nation is what, when maybe all you have time too watch is John Stewart or Glen Beck.

Sure we just found out John Wilkes Booth was a patsy and a dried up hand was burred under a football field and no one pays notice. Well we are all on credit now up to our knee caps at 15 trillion dollars or bust?

We have been in the business of war and now we fund both sides while moral grandstanding keeps sounding a charge. Well I charge you with the lie and the story of how America Lost the war on sex.
Reply to this comment
by myth1958 January 6, 2011 11:37 AM EST
What an ultramaroon. Bet if he were a woman, or gay himself he'd find a way to defend their rights. Those in power for centuries hate to see any bit of it eroded by up and coming categories of people. To all women friends of this Justice: boycott him. Let him know he's acting like a Neanderthal.
Reply to this comment
by gig76 January 6, 2011 10:53 AM EST
Scalia either needs to resign, step down, or be forced out of Supreme court justice seat. He hates women, allows his religion determine his world view. He is an American citizen who has insulted all women in America and in the world. All young girls, young teenagers, and women are in threat of domestic violence from this supreme court justice remarks. He is deadly, and dangerous. Remove this horrible man from this high respected appointment he has disgraced. We send this wife and daughters deepest sympathies for having to tolerate this beast. He is no better than any American citizen and he needs to be disbarred, removed from his seat, and sent to isolation prison where his comments won't harm anyone. Scalia has to step down today or be removed! Roberts will be next since he was couldn't say the oath to the President of the United States of America. That was not a mistake. He is a racist and hates anyone who isn't Republican GOP member. We need to rid the Supreme Court of obsolete mentality and most of the men sitting on the courts are demented. Cleanse the Supreme Court starting with Scalia, then Roberts, after him Thomas, and so forth.
Reply to this comment
by strong1960 January 6, 2011 8:09 AM EST
Our culture defines itself as proactive. But those who see the constitution for any offensive objective, Constitutional Rights other than to defend a choice, might say there is not enough to give them course. I note the course of proactive to compete, it is a double edge sword. We see something to act on and step outside a single edge of defense. Some of the language to be proactive has been broad. But in terms of acting out the civil and right duties, how do you defend being on an offensive, and defend what? You can conspire a profile, Microsoft, but the double edge is your profile, falls out of the system. Defense is in the Constitution. All the Actions and Bill of Rights were not meant to be double edged. We did not get Rights to use.
Reply to this comment
by bajajohn1 January 5, 2011 3:33 PM EST
Scalia needs to resign or pass on, whichever comes first. This man is an embarrassment to those whose lives are dedicated to scholarly constitutional interpretation and the extension of equality and due process under law. He must think he is God--just like Mussolini.
Reply to this comment
by tsigili January 5, 2011 10:44 AM EST
Scalia's views simply show that it is very easy to cite examples of difference and corruption in our judicial system.

It is my own view, that corruption is rampant in the judiciary, as well as the legal system overall.

Until the legal profession stops pleading innocence, for those who are clearly guilty, and publicly so, there can be no justice in our judicial system. It is one thing to plead a case, it is another to claim innocence, where innocence does not exist, and dozens of witnesses exist to prove there is no innocence.

That amounts to a forthright lie, on the part of an attorney, and such conduct should not be permissible, in the legal profession.

This rampant corruption has to stop, or crime will take over the country. Just look at Mexico.
Reply to this comment
by thomasmc1957 January 4, 2011 11:14 PM EST
It's a national disgrace that such a Fascist is even an American citizen, much less sitting on the Supreme Court!
Reply to this comment
by ajvw January 5, 2011 10:04 AM EST
you are correct thomas; he must be a fascist, afterall he did read the constitution. maybe you can provide the constitutional reference to prove him wrong. didn't think so
by chevyhotrod January 5, 2011 10:05 AM EST
Fascist believe in total government control

Scalia believes is less government control

So please explain the use of the word "Fascist"
by wu1821 January 4, 2011 10:24 PM EST
Wouldn't it be nice if Scalia fell from the sky instead of the blackbirds?
Reply to this comment
by gig76 January 4, 2011 8:56 PM EST
Bankrupt one GOP physician, GOP run clinic, cardiologists who puts devices in patients who don't benefit but benefits GOP cardiologists and kickbacks to them, GOP run hospitals, nursing home, assisted living facility one at a time, and bankrupt one GOP run bank at a time. These GOP folks overreach, well they overreached too far this time, and the line will be drawn in the sand if they go through with this House Repeal vote. After that, the GOP base won't matter. GOP will be bankrupt and no longer able to do anything. Again, the good book reads to not envy the rich, therefore don't envy the GOP. GOP are not God blessed as the good book reads -- don't envy the GOP. Rid he world of the rich. They are takers and don't recipricate. They are the Beast. GOP are the antiChrist.
Reply to this comment
by gig76 January 4, 2011 8:48 PM EST
Republicans want a Civil War on Health Care and Finance Reform, they've got one. If they go to the House floor and set in motion for any kind of health care or financial reform, they just begun a Civil War in America. As the Colonists fought and won against the Red Coats, so will America win against all inclusive GOP party. They will no longer be standing bu begging for mercy. As the good book reads "Don't envy the rich for they aren't to be envied". Therefore let the war begin if GOP go through with heir tyrabby on Americans who are good and have rights. And for fat so Sciati Supreme Court Justice he can go suck head in hell.
Reply to this comment
See all 32 Comments
.

Follow Political Hotsheet

Scroll Left
Scroll Right More »
CBS News on Facebook
  • Building You a Better Morning

  • CBS This Morning

    "CBS This Morning," anchored by Charlie Rose, Gayle King and Erica Hill, airs weekdays from 7 to 9 a.m. ET and at the same time in other time zones.
    Learn more...