Tuesday, May 5, 2015

Supremes Scalia and Alito: Have You No Sense of Decency, Sirs?

Antonin Scalia. (photo: unknown)
Antonin Scalia. (photo: unknown)

By Bill Quigley, Reader Supported News

n the 1940s and 1950s, countless people in the US were being bullied and brutalized by the anti-communist scare tactics and character assassinations of Senator Joseph McCarthy. The end of the McCarthy red-baiting era began when Joseph Welch stood up to McCarthy after he attacked a young lawyer on his staff. Welch was appalled by McCarthy's callous disregard and despite McCarthy's power, challenged him by stating: "Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness." He concluded by saying "You've done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?"

In the recent marriage equality case, Supreme Court Justices Samuel Alito and Antonin Scalia argued that marriage equality opens the door to polygamy, underage sex, and incest between brothers and sisters. This is the modern equivalent of McCarthy red-baiting and deserves the same response.

The cruel, illogical, heartless and hateful arguments of Alito and Scalia give considerable support and inspiration to right-wing groups who literally demonize our sisters and brothers and sons and daughters who seek only to marry their same sex partners just like the rest of us.

Alito and Scalia give comfort to the likes of Rush Limbaugh who stated marriage equality leads to incest. To Rick Santorum who compares same sex relationships to bestiality and pedophilia. To the head of ironically named American Decency Association who claimed that gay rights is a satanic attack on the US. And to legions of other people and groups who practice hostility and violence against our sisters and brothers.

It is one thing to have these fringe haters outside on the courthouse steps. We allow the Ku Klux Klan and the Nazi parties to demonstrate out on the steps. It is another matter entirely when they are in the exalted position as members of the court and while there feeding the fires of hatred in their public arguments.

It is past time for family, friends, lawyers, legal associations and law schools to ask Alito and Scalia to halt and to answer the question "Have you no sense of decency, sirs?"

Alito, long criticized for being a cranky, malicious mouthpiece of the anti-gay movement, was at it again when the court heard the marriage equality case. Alito is already famous for visibly shaking his head and mouthing opposition to President Obama in his 2010 State of the Union address and for throwing a mini-tantrum when other justices dissent.

Alito argued that approving the right to marriage equality for gay and lesbian people would open the door for 12 year olds to marry, for brothers and sisters to marry, and make polygamy possible for four lawyers who all want to marry each other. Alito's problems are so often raised and widely known that they are characterized as his "polygamy perplex" by The New Yorker.

Alito's fallacious slippery slope arguments, transparently couched as questions, were so ridiculous that they prompted John Stewart to ask whether, in the case where women fought for the right to vote, Alito might have asked "What if one day a dog wants to vote? How about that ladies?"

Antonin Scalia, of course not to be outdone, argued that if marriage equality was recognized ministers would be forced to conduct such marriages even if their religious organizations opposed them. When Justice Sonia Sotomayor pointed out that no ministers have ever been forced to conduct gay marriages Scalia would not hear of it. When the lawyer arguing the case and Justices Breyer and Kagan pointed out that the First Amendment already protected priests, rabbis, imams and ministers from conducting marriages inconsistent with their religions, Scalia refused to concede. Scalia, like Alito, also asked if marriage equality means polygamy would have to be recognized.

As one wise friend pointed out, our country still has the Ku Klux Klan but we do not take their arguments seriously. And there are no respected people openly espousing their arguments on the Supreme Court. No respected person openly argues that blacks and whites should not marry. Nor do any people argue openly that women do not deserve the right to vote. Yet, there are people on the Supreme Court who continue to openly repeat the brutally crude applause lines of right-wing anti-gay hate groups. It is time that stopped.

It is time all people of good will stand up to the haters, especially those on the Supreme Court, and say, "Until this moment, Justices, I think I have never really gauged your cruelty or your recklessness... You've done enough. Have you no sense of decency, sirs? At long last, have you left no sense of decency?"

+2 # FIRSTNORN1 2015-05-05 09:15
Quoting Billy Bob:
Yes, I read the entire article, but I can still answer the headline alone, simply with, "NO".

No, they don't. So, now what?

Having given Billy Bob the 'first green thumbs up' mark, I'm sad to say that there's not anything we can do; another RSN commentator said the nation was "still-born" right from the beginning because the compromises needed to get it started were just too horrendous. It is a shame to think that all the good work and beautiful words of Lincoln will not prevent us from descending into a 'police state'. We cannot fix this at the ballot box as long as the folks with money want Hillary to be the Democratic candidate. Having voted for the Iraq War, she should be consigned to the dust bin of history.
0 # Cassandra2012 2015-05-05 11:14
The War on Women goes on, with apparently a lot of help from Dem-lite males as well. It is not a strictly Taliban endeavor.

Let there be a real, intelligent set of primary debates with Hillary, Bernie, and whoever else is serious about running, without all the tacky put-downs based only tangentially on issues and mostly on misogynist undercurrents that smack of mindless Teapugnicanist hate-speech.
+17 # bpuharic 2015-05-05 09:06
Welch appeared in a movie with Lee Remick and Jimmy Stewart...he was a judge and was as acerbic in the movie as he was in real life.

There is no relationship at all between incest and gay marriage. None. Scalia and Alito are so out of touch that they think bigotry is fine as long as it's been practiced for a long time. Pathetic
+20 # ligonlaw 2015-05-05 09:13
Scalia, Alito and George W. Bush have the same problem. They aren't intelligent enough to do the work they are given. Incompetence in a president lasts no more than 8 years, but numb skulls on the Supreme Court have lifetime appointments.
-4 # bpuharic 2015-05-05 09:24
I'd phrase this a bit differently. I certainly think Scalia is damn smart. Alan Dershowitz described William Rehnquist as having the 'finest 19th century legal mind in the country'. A sentiment I think applies to Scalia as well.
+10 # REDPILLED 2015-05-05 10:12
I think the 19th century is too modern for Scalia. I'd put his views back to the 15th century, long before the Enlightenment.

As a "recovering Catholic", I recognize the fact that these five Supreme Court justices are regressive, reactionary Catholic males who are vainly clinging to the patriarchal value system of the Church. The irony is that the current Pope seems more enlightened than they are about many issues.
0 # Cassandra2012 2015-05-05 11:18
Scalia and his lapdog Clarence are far worse than that --- they are part of the Opus Dei cult crowd, and I believe Scalia even attended one of Obama's inaugurations in full-out Thomas Moresian drag....
quite a sight. No surprise really since Scalia seems determined to flaunt his 15th c. tendencies to high drama, however repellent.

1 comment:

Anonymous said...

"When the lawyer arguing the case and Justices Breyer and Kagan pointed out that the First Amendment already protected priests, rabbis, imams and ministers from conducting marriages inconsistent with their religions, Scalia refused to concede."

The attorneys are full of shit and Scalia knows it - business owners who don't want to service homosexuals because of their religious beliefs are being sued and put out of business by the brats who think they have some kind of 'right' to force others to do what's against their religious beliefs, so let's stop with all the blatant lies and misrepresentations. It may be 'popular' to dole out a bunch of 'oh, victim' b.s., but it's still a pack of disingenuous lies.

Here's a fact to ponder - all this started years ago because gays and lesbians purportedly wanted the right to be at each other's hospital bedside. Well, many states already had laws and legal documents that would allow for that. But that wasn't enough. Homosexuals wanted to change society and have their relationships be considered the same as heterosexual relationships. Well, the fact is - they're not. Primarily because heterosexual marriages can produce children whereas homosexuals cannot, and yes, that IS a big difference, so get over it and admit it, and it has nothing to do with any kind of 'hate' - it's called 'THE FACTS OF LIFE'.

If homosexuals want to have some sort of legally recognized union, go for it, but don't call it 'marriage', because there is no natural 'marriage' of sperm and ova to produce a child in a homosexual relationship.

If homosexuals were sincere about celebrating their unique relationship, they would come up with a unique word to describe their unique relationship, instead of trying to change the meaning of an already established term, marriage, which has already been defined as the union of heterosexuals.

It's because they want to change what's already established that they get resistance, and if they had the same consideration for their fellow man as they want others to give them, they would have left well enough alone and forged something new for themselves - a new word to describe their union. New words are added to the English language every day.

I'm female, and have met/known many many lesbians over the years, and here's a fact - every lesbian I've ever met has suffered some kind of abuse from a man in their past ..... so no matter what they may claim about being 'born' that way, the Truth is really something else. What's really sad is that now it's become a 'fad' among some young people to be 'gay' - yet again .... that's a choice they make - they aren't 'born' that way.

People often deceive themselves, but they don't always get away with deceiving everyone else. When homosexuals learn to respect themselves by being honest and taking responsibility for their choices, and give others the same consideration they want, a lot of the upheaval their disingenuous presentations cause to society (and themselves) will vanish.