Despite all evidence to the contrary, Supreme Court Justice Antonin Scalia wants you to know that he’s never expressed his opinion on the constitutionality of marriage equality. Speaking at Tufts University, Scalia said with a straight (in every sense) face, “I haven’t expressed my view about gay marriage.”
Just in case you thought that his voting to uphold the Defense of Marriage Act might have tipped his hand on where he stood, Scalia kindly clarified. “The issue in the DOMA case was not whether the Constitution requires states to allow gay marriage. The question is whether Congress can define marriage in all of the statues that Congress enacted to mean only marriage between a man and a woman.”
As a reminder to Tony, we would like to point out that his dissent in the DOMA case, which he took pains to read from the bench, complained that anyone who opposed marriage equality was being portrayed as “enemy of human decency” and compared the majority opinion to an overcooked meatloaf. We think we know where he stands, even if he doesn’t.
One interesting side note: Scalia also commented that he’s “waiting for the second shoe to drop,” meaning another case before the Court to settle the right to marry as a national one and not one dependent on state laws. Since Scalia was prescient in predicting marriage equality was the inevitable outcome of the SCOTUS ruling striking down sodomy laws, we fully expect that he’s right this time as well. After all, even Scalia can be right occasionally.