Jun 27 2015

Why does Scalia feel that the same sex marriage ruling is a “threat to democracy”?

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Answer by Colin Jensen:

First off, please read his and the other actual opinions.  Then and only then can you know the answer to this question, rather than spending time on echo chambers of straw men and secondary sources.

Why does Scalia feel that same sex marriage is a threat to democracy?  Because he defines "democracy" as this:

The Legislative Branch passes laws; the Judicial interprets those laws; and the Executive enforces those laws.  There is little to no overlap between those groups and their duties, and what there is, is a necessary logistical ill. 

What bothers Scalia is that the public increasingly is taught the role of government as this:

It's not a system of check and balances: it's a system of checks.

All three can pass laws.  All three can interpret laws.  All three can enforce laws.  The Executive is just there to keep an eye on the Legislative, lest we descend into mob-rule.  And the Judicial is smart people, and so they're right, right?  So the Legislative branch passes laws, but in today's high school government classes the executive is supposed to interpret those laws as he sees fit, and can change, enforce or fail to enforce at whim.  And if Daddy doesn't tell you what you want to hear, go ask Mommy, the Judicial branch, who can change or nullify anything that doesn't sound right to her, and their marriage is not equal, for her word is final.  The Constitution is the old family Bible on the shelf–existing solely so Mom and Dad can pretend they've read it as they quote cultural proverbs.

That's Scalia's overarching concern.  You notice, and others have pointed out, that he's far too libertarian to care about the result of a gay marriage vote.  What he cares about is that "an unelected committee of nine… lawyers… claims the power to create liberties that the Constitution fails to mention."  As you read on, he gives various opinions but it all comes back to that–that people see the Supreme Court solely as a place to run when they don't get the answer they want from democracy.

Why does Scalia feel that the same sex marriage ruling is a "threat to democracy"?

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