As you may or may not be aware, yesterday Justice Antonin Scalia took yet another opportunity to draw parallels between homosexuals and murderers. Speaking before a crowd of students at Princeton University, Scalia claimed that legislators had a right to ban that which they had a moral objection to. When asked by 16 y.o. freshman, Duncan Hosie, why he equated bans on homosexuality with those against bestiality and murder Scalia responded, “It’s a form of argument that I thought you would have known, which is called the `reduction to the absurd… If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?” Scalia is a master of snide, sarcastic and specious comments, and has proven that mastery on many occasions. He went so far as to belittle Hosie with the sarcastic comment, “I’m surprised you aren’t persuaded.”
This is but the latest example of Scalia’s bigotry, his homophobic and prejudicial writings extending all the way back to his dissenting opinion in Lawrence v. Texas, the judgement that finally struck down anti-sodomy laws. Mommie Dammit says enough already! This flatulent toad has disgraced the Supreme Court for too long – proof that our vaunted Forefathers weren’t as wise as we’d like to believe when they made these appointments life-long… but then, in their day, the average life expectancy was 50… hmm… pause, consider, sip coffee… enjoy the malevolent thoughts for a moment… AHEM!
So, rather than ineffectually venting my spleen here and moving on, Mommie Dammit has decided to get back in the saddle…. don’t even go there you ungrateful little wretches! … and put on my activist panties once more. I have taken myself to We The People, the petition Web site for the White House and the Obama Administration, and created a petition to demand that Justice (cough-oxymoronalert-hack) Antonin Scalia be recused from the upcoming Prop 8 and DOMA cases that the Supreme Court announced last Friday that they will hear during their current session.
I have no delusions here, O’ My Children – Mommie Dammit knows full well that the President has no power to force a sitting Supreme Court Justice to recuse themselves from an upcoming case. That is not the point of the petition. Our aim here is to raise awareness in the general public of this blight on our highest bench, to generate enough publicity in the media, and to create a broad and loud discussion – both on Scalia’s unfitness for the Bench, and the fact that he is clearly unqualified to sit these cases.He was unfit when appointed by President Reagan, railroaded through a Republican-dominated Senate, and he proved it again when he cast is concurring vote in Citizens United. Throughout his history on the Supreme Court bench Scalia has proven his hypocrisy by twisting the Constitution to meet his own views while vehemently attacking those who view the Constitution as a “living document” whose interpretation must evolve with our society. By creating the petition at We The People we create the avenue for the Obama Administration to weigh in on the cases, and to take a position on Scalia’s lack of qualifications to sit in judgement on them. Even if the President takes no position, or states the fact that the Executive has no such authority over the Judicial branch, it is still the point that this is about generating heat. If we bring enough heat to bear, focus enough light of public scrutiny on Scalia’s bigotry, we stand the chance that he might grow a sense of responsibility…. oh, alright, I had a brain-fart… hmmm…. can’t use “that he would be shamed enough…” either as we all know the man has none. Perhaps, then, the best hope here is that we may force the rest of the Court to demand that Scalia recuse himself – and that works well enough for Mommie Dammit.
Those of you who’ve been thinking - don’t deny it, I can smell the smoke from here – are also aware that Scalia’s recusal would also eliminate what is sure to be one of the nay-votes from the Bench. You’re not the only one to realize this. Our friends and enemies will also realize it, and it will create its own firestorm in the media. That’s all to the good! The more discussion, the more Scalia’s unfitness for the bench becomes public knowledge, and the less credibility and influence this homophobic, sexist, racist, corrupt man will wield.
We’re playing the long game here, O’ My Children. Recusal of Antonin Scalia is but a ripple in the tidal wave of change we are about to embrace. Winning the Supreme Court decisions is only the beginning of what will be a long, uphill battle. It is entirely likely that the Justices will pass a narrow ruling on the constitutionality of Proposition 8, limiting the effect of their ruling to the State of California. If that happens we must then carry the battle to each of the other 29 states that have enacted laws or constitutional amendments denying us our Civil Right to equal protection under the law and to have our legally recognized marriage, entered into in one state, recognized by all. This is to say nothing of the various ways the Court could rule on DOMA.
Antonin Scalia portrays himself as a “textualist” and “originalist” where the Constitution and civil laws are concerned – meaning that we must interpret these documents in the context of the period in which they were written. This didn’t stop him from concluding that – though the Constitution makes no reference to corporations anywhere within its contents, and certainly never grants them the same rights as living, breathing, individual human beings who are citizens of this nation – the original framers of the Constitution merely left corporations out because such an entity did not exist at the time. Furthermore, since corporations are made up of individual human beings, those rights must be conferred upon the artificial entity of the corporation as well. So much for originalism and textualism.
In his dissenting opinion to Lawrence v. Texas, Scalia makes a central meme out of his idea that the Constitution is a “DEAD” document. As such, reading into it a socially evolved interpretation of the original text to include the rights to privacy and equal protection under the law for homosexuals is wrong – such rights, according to Scalia, do not exist.
Mommie Dammit is certain that I am not the only person who immediately sees the falacy in that opinion – let alone is repulsed by the sheer hypocrisy. If the original text of the Constitution of the United States is a “DEAD” document, one which is not open to interpretation within the context of an evolved society, then tell me… why in the hell did the original framers of the Constitution provide for the means to ammend it?
Indeed, had they not and were the original Constitution a “DEAD” document, then Black people would still be slaves, women – as well as anyone who was not a white male property owner over the age of 25 – would not have the right to vote, prohibition would never have happened let alone been repealed, and Presidents could run for as many terms in office as they damned well pleased. There would be no right to privacy, no right to equal protection under the law, no right to have a legal contract entered into in one state (such as marriage!) honored and upheld by all the other states. All of these rights that we hold precious, that we believe are the foundations of our nation, are ARTICLES and AMENDMENTS to the original document of the Constitution. CHANGES made to it by the original framers and subsequent generations of people with a far greater understanding, and greater intellectual honesty, than Antonin Scalia of what our Constitution is, means, and how it exists within the framework of the society of each successive generation.
And so I ask you, O’ My Children, to join with me in creating this public debate – let us focus the spot light of media attention on this bigoted man foisted upon our highest court by a railroaded Senate and a criminal President – let us join together and demand that he recuse himself from the Bench for these most critical Civil Rights cases of our generation. Join me in signing my petition, repost the link to it – and this post, the link or the entirety – wherever and whenever you will. Tweet it, Facebook it, email it to every- and anyone you know. Make your voice heard at any and every opportunity.
The White House decided that my petition was outside the parameters of the We The People forum, and the petition has been removed. HOWEVER – another has been started for the same purpose on Change.org