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Justice Scalia, decision on same-sex marriage should not be made by "unelected judges"

Posted by David Zimmerman  June 24, 2013 01:27 PM

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As the lgbt community awaits word from the United States Supreme Court regarding marriage equality on California and the legal merits of the Defense of Marriage Act, one justice who will be ruling spoke out recently regarding the “sanity of having a value-laden decision such as (marriage equality) this made for the entire society by unelected judges.”

The statement was made by Justice Antonin Scalia on Friday while he was speaking at a North Carolina Bar Association event.

Scalia, in comments made at the meeting, said that judges shouldn’t delve into the moral components of issues such as abortion, the death penalty and same-sex marriage because they’re no more qualified than anyone else.

“I am questioning the propriety, the sanity of having a value-laden decision such as this made for the entire society by unelected judges,” Scalia said to the attorneys and judges attending the annual meeting. “We have become addicted to abstract moralizing.”

The Supreme Court is expected to render a decision, perhaps as soon as Tuesday morning, on two major cases closely ties to the lgbt community. The court will rule to either uphold Proposition 8 in California (defining marriage in that state as between a man and a woman) or strike it down (ensuring marriage equality in that state).

In addition the Court will rule on whether the Defense of Marriage Act (DOMA) discriminates against same-sex married couples when it comes to receiving federal benefits.

This blog is not written or edited by Boston.com or the Boston Globe.
The author is solely responsible for the content.

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About the author: Boston Spirit Magazine’s daily blog brings you all of the information you need on New England’s LGBT community. In addition to highlighting local and national LGBT news, we will also highlight local leaders from the worlds of business, politics, fashion and entertainment and keep you up-to-date on all the latest events and parties, hot spots for travel, shopping, dining, and more!
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