7 Nasty Things Justice Antonin Scalia Has Said About Gay People

Each week, Queerty picks one blowhard, hypocrite, airhead, sanctimonious prick or other enemy of all that is queer to be the Douche of the Week. 

Have a nominee for DOTW? E-mail it to us at [email protected].

Sometimes picking the Douche of the Week is a tough call—either there’s not enough candidates, or too many.

This week, though, one person rose to the top like a bloated corpse.

We speak, of course, of Supreme Court Justice Antonin Scalia, who recently defended comparisons he’s made between laws against sodomy and those banning bestiality and murder.

Of course, it’s hardly the first time Scalia has insulted the LGBT community.

Right Wing Watch counted down some of his most egregious comments:

Scalia compared bans on homosexuality to bans on murder: Kicking off this whole hatefest, on Monday Justice Scalia responded to Princeton student Duncan Hosie’s challenge by saying, “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”

He’s also equated anti-gay laws to bans on polygamy and animal cruelty: In a dissenting opinion in Romer v. Evans, which overturned Colorado’s ban on LGBT-discrimination laws, Scalia wrote, “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.”

Scalia defended employment and housing discrimination against gay people. In his dissent to Lawrence v. Texas, which overturned criminal sodomy laws, Scalia wrote that, “many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.

He‘s also said laws against “homosexual sodomy” are justified by America’s long history of discrimination: In a talk at the American Enterprise Institute, Scalia said hisdecisions on the death penalty, abortion and sodomy were “easy.” “The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion,” he said. “Homosexual sodomy? Come on. For 200 years, it was criminal in every state.”

Scalia said same-sex couples are basically roommates:  In his Romer dissent, Scalia defended bans on domestic-partner benefits: “[The law] would prevent the State or any municipality from making death benefit payments to the ‘life partner’ of a homosexual when it does not make such payments to the longtime roommate of a non-homosexual employee.”

He said only the “elite” care about gay rights: In the same opinion, Scalia insisted the Supreme 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 is evil.”

And he denounced the “homosexual agenda” that’s seeking to normalize gays and lesbians: Scalia said the Court’s decision to lift sodomy bans in Lawrence v. Texas, was “the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”

All together now: What a douche!

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  • Atomicrob

    The man has a prejudice in the literal sense. He should recuse himself from the two pending SC cases because of his personal bias he flagrantly solicits each time he touts his latest book. Why would we allow him to rule on this case? It’s not a tennis match, it’s our lives.

  • 1EqualityUSA

    Is there any recourse from having such a blatantly homophobic justice rule on our case? Clarence Thomas is a follower and resentful in character, so there are two against us. Legal eagles? Any recourse for this?

  • 2eo

    He looks more and more like a paedophile every picture I see. It wouldn’t surprise me, these hateful right wing monsters are usually into kids.

  • Charles175

    I always thought that Judges were supposed to base their decisions exclusively in law. Laws that have already been determined to be sound and moral by those that created and put them into effect. Apparently this Justice has another personal source for his final decision making. In this he should be bared from cases that he has obviously been proven prejudicial against. But then again this would mean baring him from the bench.

  • alexoloughlin

    Why the surprise guys? He’s a republican and an avid member of Opus Dei, a group similar to the KKK.

  • alexoloughlin

    @1EqualityUSA: Alito isn’t much different either.

  • Cam

    Lets put aside his bigotry and hatred for a minute here and discuss another really troubling issue with all of his comments.

    They aren’t legally sound. Comparing gay marriage to murder is a false comparison. Murder has an effect on others.
    The victim, loss of life,
    The victims loved ones, loss of their loved one, financial hardships, emotional distress
    Society as a whole, you can’t have a smooth running society if people are being killed around you.

    Gay marriage doesn’t force an effect on others directly. Thinking gays are “Icky” doesn’t count.

    This is what is most disturbing is that somebody who is not even bright enough to see that is on the U.S. Supreme Court.

  • 2eo

    @alexoloughlin: In our last UK government we had Ruth Kelly, a member of the Opus Dei and she was made Secretary of state for education and then the women’s minister.

    She failed miserably as her beliefs conflict completely with rational sanity.

  • 1EqualityUSA

    A two tier set of rights for Americans cannot be reconciled by our Constitution. Citizens United was an effort to line the bench with Scalia-like Justices. They voted for billions of corporate dollars to be funneled into the Republican effort and still, it failed. I want equality and shouldn’t have to fork over dollars nor be dependent upon a political party in order to be considered equal. Beyond frustrating. As for Scalia bringing up polygamy, this is banned for both heterosexuals and LGBT, so no discrimination exists, as it is banned for everyone.

  • 1EqualityUSA

    alexoloughlin, you are so, so right. Alito is just as bad, but quieter. Scalia talks…alot. I prefer snakes that rattle.

  • Caleb in SC

    @1EqualityUSA: Sorry, but federal judges are appointed for life and there is no recourse. He also cannot be forced to recuse himself unless it could be demonstrated that he had actual, individualized bias against a particular party rather than bias against the general matter of a case. Sorry!

  • mlbumiller

    @Caleb in SC: Being confirmed by the Senate to sit on the Supreme Court may be a lifetime appointment, but that does not mean it isn’t subject to oversight. The Constitution permits judges to be removed when they no longer exhibit “good behavior.” He is to apply the law not personal opinion.

  • Dionte

    Thanks for the heads up, adding him to my list next to Vladimir.

  • John Doe

    Don’t LGBT issues on (petition website) usually get a lot of people signing on?

    The above Scalia material should attract a lot of people to sign a petition to call for Scalia to recuse himself. Not that I think it would work. BUT, maybe it could at least get the dialogue into the mainstream media or in politics that anti-gay sentiment is strong in every corner of the US, including our “impartial” Supreme Court. Just imagine if Scalia said these things against blacks. He’d be making front page news for days as a bigot, not just as a judge who might vote against equality. People need to see the loathing that Scalia has against gays. He isn’t shy about his bias… but the press isn’t saying anything about his obvious bias.

    If someone wants to create a petition on that website or another, I’ll sign it. I’m sure hundreds of Queerty readers would sign on instantly. I just don’t know how to do it…. or who the best recipient of the petition would be. Roberts? Scalia? The New York Times?

  • mlbumiller

    @John Doe: There are already pages of petitions to have him impeached on If anything he should recuse himself.

  • John Doe

    @mlbumiller: Is there any text to the letter? I only see 1 sentence.

  • John Doe

    I see one from a couple of months ago. 368 signatures.

    “Petitioning The President of the United States
    The U.S. Supreme Court: Remove Supreme Court Justice Antonin Scalia”

    “A judge at any level should be impartial and fair and make himself available to listen to testimony regardless of his personal views. This Justice has already admitted publically in front of an audience at the American Enterprise Institute in Washington, D.C that he will rule against issues of gay rights and abortion. The job of a judge is to listen to facts, research the accusations…”

  • Gerry

    He should do the honorable thing for once and resign. He is a disgrace to the Supreme Court!
    He needs to just fade away into the sunset.


    Scalia; should be removed from the Supreme Court — and locked in an asylum … for the religiously insane!

    The proud gay community played a pivotal role in the re-election of President Obama exposing the hate based cult of the religious extremists in the Republican Party who should face taxation and or/closure! Enough with the corruption from the lunatic fringe; who have gotten away with kids committing suicide — driven by ignorant family members manipulated by the insane clergy. Religion has no place in today’s society of thinkers and intellectuals … who can see though the lies!

  • John Doe

    I just wrote to my 2 Senators in DC. Better to be active in politics vs. doing nothing.

    I simply said that Justice Scalia has a history of anti-gay views (samples from this article) and that pressure from the Senate and White House is necessary so that he recuses himself on all LGBT cases, such as the 2 he’ll be looking at shortly. If not this, he should be impeached.

  • erikwm

    I strongly support Justice Scalia’s continued consumption of fatty, high glycemic Italian food at his favorite eateries around DC.

  • mpwaite

    Me thinks that Justice Scalia is a closeted Butt Pirate!! Isn’t the most negatively vocal people that turn out to be the BIGGEST CLOSET CASES!! They can’t deal with the fact that they are gay, so they take it out on everyone that is who has accepted their “gayness” and now promotes it…. I think we should send “Miss Scalia” a nice pair of Jimmy Choos and watch her QUEEN OUT…

  • queerty1958

    It’s so sad that someone in his powerful position has to be an ignorant asshole.

  • Charli Girl

    Coward! He could NEVER go toe to toe in an argument with me! He will only speak to an individual in which he KNOWS is submissive ! COWARD COWARD!,,

    Bring it on Paw Paw… America is on to you!!!

  • Redpalacebulleaglesox

    I will try to keep words that the moderators object to out of this. Scalia repeats the same, tired, homphobic cliches of my father’s generation. To be clear, the LGBTTQ community are made up of people. Rich people, poor people, working people, retired people, liberal people, conservative people, people of every skin color, religious persuasion (or none), nationality and other human construct. People. Not ogres, not monsters, not immoral just because they love the same gender as they. People. The LGBTTQ community does not tell other people their way is the best or only way. Do you know how I know this? I once had a gay encounter and it did nothing for me. I am straight, boringly so. Not gay. Not bi. I am no better or worse than anyone else. So are my family of LGBTTQS people, otherwise known as the human race. I dream of the day when I will no longer have to use the acronym LGBTTQ(S), when we will all be, to paraphrase Dr. King, one people under God and we “will not be judged by the color of our skin but the content of our character.” Scalia, you are a dying breed, thankfully. Your blind hatred has no place in a civilized society. I say to the Scalias of this world, as Cromwell said to the Long Parliament and Leo Amery, MP said to Neville Chamberlain in May, 1940, “Begone, I say, and let us have done with you. You have sat here too long and no longer served any useful purpose. In the name of God, go!” To which I add don’t let it hit you in the touchis on the way out.

  • EGO

    Scalia, you should not be a judge in the Supreme Court as you do not understand logical, legalities. Your mind has been poisoned by extreme religious bigotry and mythology. It is time to hang up your hat and step down from the Supreme Court. Obviously the character of the LGBTTQ community outshines your character by the brightness of the stars in our universe.

  • Guillermo3

    @OUEERTY,@Everyone:Why not a contest on QUEERTY [like the successful one in
    “Savagelove” years ago that defined Santorum] to define Scalia?

  • murphy0071

    Justice Scalia is an anti-intellectual scum bag. After telling everyone he would vote against Gay rights and same-sexed marriage, he should recuse himself from any cases dealing with Gay issues. If he doesn’t, he should be impeached and thrown to the wolves.

  • Guillermo3

    @murphy0071: Oh,murphy0071!_You’re too moderate.Why wait for impeachment?! Maybe Thomas should be thrown in first as shark bait.

Comments are closed.