Scalia Claims Constitution a Dead Document – Compares Homosexuality with Murder

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updated Sep 04, 2014

By Author - LawCrossing

12/11/12

Justice Scalia Claims Constitution a Dead Document – Compares Homosexuality with Murder
On Monday, U.S. Supreme Court Justice Antonin Scalia again made news by comparing laws banning homosexuality with laws banning murder, and by emphasizing that the U.S. constitution was a dead document as opposed to being a “living document.”

While presenting a speech to promote his book “Reading Law” at the Princeton University, Scalia apparently lost his cool when a gay student asked him why he equates laws banning murder and bestiality with laws banning sodomy. Scalia retorted “It's a form of argument that I thought you would have known, which is called the ‘reduction to the absurd,' … If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”

The incident gives a clear indication about Scalia's possible stand in the upcoming review of the constitutionality of the Defense of Marriage Act before the Supreme Court. The federal DOMA defines “marriage” valid only when it is a union between a man and a woman. The Supreme Court has very recently agreed to hear the challenges against DOMA from two cases.

United States
However, Scalia defused the situation by saying he is not equating sodomy with murder, but just drawing a parallel between the laws against mentioned acts.

While speaking on his book, which deals with the interpretation of statutes and decisions, Scalia said that proper interpretation of the law requires seeing the words in context of the meanings associated to them at the time a statute or decision is authored.

He also challenged the notion of the U.S. Constitution being a “living document,” and said that people who try to portray the U.S. Constitution as flexible are actually people who want to make policy permanent. Describing the U.S. Constitution, Scalia said, “It isn't a living document … It's dead, dead, dead, dead.”
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