Thursday, September 25, 2014

US History 1973 - 2014 Commonplace Book: Lecture 26, Gay Rights Since AIDS (Con't)

Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else. This Colorado cannot do. A State cannot so deem a class of persons a stranger to its laws.

—Anthony Kennedy, majority opinion in Romer v Evans (1996)

This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality... Of course it is our moral heritage that one should not hate any human being or class of human beings. But I had thought that one could consider certain conduct reprehensible--murder, for example, or polygamy, or cruelty to animals--and could exhibit even "animus" toward such conduct. Surely that is the only sort of "animus" at issue here: moral disapproval of homosexual conduct, the same sort of moral disapproval that produced the centuries old criminal laws that we held constitutional in Bowers.

—Anton Scalia, dissent in Romer v Evans (1996)
Introduction to (and explanation of) this quote series can be found here.  Read this tag to see all of them.

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