Justice Scalia has recently been criticized for stating the Constitution does not protect women or homosexuals against discrimination. Justice Scalia also stated that the Constitution need not reflect the current wishes of society, and although the Constitution does not require discrimination based on gender or sexual orientation, it does not prohibit it either. Specifically, he was referring to 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.”
Justice Scalia has stated his position before, and says if the current society wishes to protect certain values and groups of people, it can look to the legislature to do so.
It is an interesting theory considering women did not many rights until the early 20th century, and gays are still fighting for many basic rights now, so if the Constitution had intended protection of these groups, wouldn’t they have attained their rights much sooner? Is Scalia simply voicing a politically incorrect opinion? Or is he truly engaging in judicial activism pushing his own conservative views?
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