Scalia “sorry to say” the Constitution as a living, evolving document. [View all]
Addressing the North Carolina Bar Association in Asheville Friday, Supreme Court justice Antonin Scalia said unsurprisingly that judges are in error when they find rights to homosexual conduct or abortion in the Constitution.
In his speech, titled Mullahs of the West: Judges as Moral Arbiters, the ultraconservative Scalia said he believes in interpreting the Constitution as it would have been when it was adopted, the Asheville Citizen-Times reports. At that time, he said, abortion, assisted suicide, and homosexual acts were criminal throughout the United States and remained so for several centuries.
He was sorry to say that the Supreme Court, in the second half of the 20th century, began seeing the Constitution as a living, evolving document. About nine terms ago, we held laws against private consensual sodomy, laws that existed in perfect conformity with the Constitution for over 200 years, to be impermissible, he said.
He also said unelected judges are no more qualified than anyone else to make decisions about moral issues for the entire society.
http://www.advocate.com/society/law/2013/06/22/scalia-no-right-homosexual-conduct-constitution