What Side Of The Slavery Argument Would Justice Scalia Have Been On In 1863?

The problem with Supreme Court Justice Scalia goes even beyond his sad, pigheaded bigotry. His reasoning is also an embarrassment. He takes Constitutional Originalism to asinine extremes merely to attempt to justify his deep prejudice. His comments on gay marriage, via Salon:

“Homosexual sodomy? Come on. For 200 years, it was criminal in every state.”

Of course, in much of America slavery was allowed for more than 200 years. It’s sustained legality never made it less than disgraceful. 

Advocating America adhere to a moral code borne of an earlier, more benighted era is ugly, especially when it comes from someone in one of the nation’s most vital legislative positions.

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