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Now is not the time to publicly flog Supreme Court Justice Antonin Scalia Now is not the time to publicly flog Supreme Court Justice Antonin Scalia
(about 4 hours later)
When the news broke Saturday of Supreme Court Justice Antonin Scalia’s death, the Internet went wild. Some media pundits and social media users seemed to forget one of the fundamental rules of civility: “Do not speak ill of the dead.” Much of Scalia’s public post-mortem flogging was centered on his deep opposition to same-sex marriage and LGBT equality, although he regularly instigated outrage on affirmative action, abortion and a host of other issues. When the news broke Saturday of Supreme Court Justice Antonin Scalia’s death, the Internet went wild. Some media pundits and social-media users seemed to forget one of the fundamental rules of civility: “Do not speak ill of the dead.” Much of Scalia’s public post-mortem flogging was centered on his deep opposition to same-sex marriage and LGBT equality, although he regularly instigated outrage on affirmative action, abortion and a host of other issues.
One blunt example came from the new and improved — and allegedly “20 percent nicer” — Gawker: “In the end, Scalia was a loser.” That was at least somewhat nicer than the headline from Americans Against the Tea Party (whose name pretty much says it all): “Ding dong, the witch is dead! Justice Antonin Scalia is dead.”One blunt example came from the new and improved — and allegedly “20 percent nicer” — Gawker: “In the end, Scalia was a loser.” That was at least somewhat nicer than the headline from Americans Against the Tea Party (whose name pretty much says it all): “Ding dong, the witch is dead! Justice Antonin Scalia is dead.”
That’s why I applaud LGBT leaders such as Jim Obergefell, the plaintiff in the Supreme Court marriage-equality case Obergefell v. Hodges. Obergefell showed grace and his respect to Scalia, by tweeting solemnly: “Thank you for your service to our country, Justice Scalia. Condolences to your family and friends.” That’s why I applaud LGBT leaders such as Jim Obergefell, the plaintiff in the Supreme Court marriage-equality case Obergefell v. Hodges . Obergefell showed grace and his respect to Scalia, by tweeting solemnly: “Thank you for your service to our country, Justice Scalia. Condolences to your family and friends.”
Lesbian, gay, bisexual and transgender rights groups such as the Human Rights Campaign and GLAAD also made the decision not to disparage Scalia — or even to say much about him, at least for now. Seth Adam, GLAAD’s vice president of communications, emailed pointedly, “We will not be commenting at this time.” Lesbian, gay, bisexual and transgender rights groups such as the Human Rights Campaign and GLAAD also decided not to disparage Scalia — or even to say much about him, at least for now. Seth Adam, GLAAD’s vice president of communications, emailed pointedly, “We will not be commenting at this time.”
Their restraint brought to mind the late British Prime Minister William Ewart Gladstone and his doctrine of “Right Timing,” often repeated as “Timing is everything.” Applied to Scalia’s death, it means that this is not the time for critics to tar and feather the justice. That day will come soon enough — after his burial and an official period of mourning. Their restraint brought to mind the late British prime minister William Ewart Gladstone and his doctrine of “Right Timing,” often repeated as “Timing is everything.” Applied to Scalia’s death, it means that this is not the time for critics to tar and feather the justice. That day will come soon enough — after his burial and an official period of mourning.
[Supreme Court Justice Antonin Scalia dies at 79][Supreme Court Justice Antonin Scalia dies at 79]
In the meantime, those of us who don’t want to descend to Donald Trump-level name-calling can turn instead to Scalia’s own words to recall the thunderous effect he had on our times, which best explain why he was loathed by progressives, notably LGBT advocates, and with the same passion revered by conservatives. He left us a lifetime of opinions and pronouncements on LGBT issues, and after all, his quotes speak for themselves. In the meantime, those of us who don’t want to descend to Donald Trump-level name-calling can turn instead to Scalia’s own words to recall the thunderous effect he had on our times, which best explain why he was loathed by progressives, notably LGBT advocates, and with the same passion revered by conservatives. He left us a lifetime of opinions and pronouncements on LGBT issues and, after all, his quotes speak for themselves.
Scalia compared homosexuality to murder and cruelty to animals in part of his dissent in the 1996 case Romer v. Evans, which threw out a Colorado constitutional amendment banning local anti-discrimination laws:Scalia compared homosexuality to murder and cruelty to animals in part of his dissent in the 1996 case Romer v. Evans, which threw out a Colorado constitutional amendment banning local anti-discrimination laws:
“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.”“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.”
In the landmark 2003 Lawrence v. Texas, which ended sodomy bans in the Lone Star State, Scalia’s dissent challenged his fellow justices for being 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.”In the landmark 2003 Lawrence v. Texas, which ended sodomy bans in the Lone Star State, Scalia’s dissent challenged his fellow justices for being 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.”
In 2012, while Scalia was visiting Princeton University, a student asked about his reference to murder in the Romer comments, and the justice replied: “It’s a form of argument that I thought you would have known, which is called the ‘reduction to the absurd.’ ” He added: “If we cannot have moral feelings against homosexuality, can we have it against murder?”In 2012, while Scalia was visiting Princeton University, a student asked about his reference to murder in the Romer comments, and the justice replied: “It’s a form of argument that I thought you would have known, which is called the ‘reduction to the absurd.’ ” He added: “If we cannot have moral feelings against homosexuality, can we have it against murder?”
Then last year in his dissent in Obergefell, in which the Supreme Court legalized same-sex marriage nationwide, Scalia described the majority opinion as “lacking even a thin veneer of law” and also as “profoundly incoherent,” cementing his anti-LGBT legacy among equality-minded Americans.Then last year in his dissent in Obergefell, in which the Supreme Court legalized same-sex marriage nationwide, Scalia described the majority opinion as “lacking even a thin veneer of law” and also as “profoundly incoherent,” cementing his anti-LGBT legacy among equality-minded Americans.
In fairness to the late justice and his renowned sense of humor, here are some of Scalia’s own words on the subject of his legacy, as told to New York magazine in 2013:In fairness to the late justice and his renowned sense of humor, here are some of Scalia’s own words on the subject of his legacy, as told to New York magazine in 2013:
“Maybe the world is spinning toward a wider acceptance of homosexual rights, and here’s Scalia, standing athwart it. At least standing athwart it as a constitutional entitlement. But I have never been custodian of my legacy. When I’m dead and gone, I’ll either be sublimely happy or terribly unhappy.”“Maybe the world is spinning toward a wider acceptance of homosexual rights, and here’s Scalia, standing athwart it. At least standing athwart it as a constitutional entitlement. But I have never been custodian of my legacy. When I’m dead and gone, I’ll either be sublimely happy or terribly unhappy.”
Indeed, none of us are custodians of our legacies; in the end, it’s our own words and actions that will speak for us or against us. In the case of Scalia, his words and actions proved to be one and the same. History will be the judge of all that — and so will many individuals, once we’ve laid him to rest.Indeed, none of us are custodians of our legacies; in the end, it’s our own words and actions that will speak for us or against us. In the case of Scalia, his words and actions proved to be one and the same. History will be the judge of all that — and so will many individuals, once we’ve laid him to rest.
Agree or disagree with my advice? Please comment below.Agree or disagree with my advice? Please comment below.
Join Petrow for an online chat Tuesday, Feb. 23 at 1 p.m., at live.washingtonpost.com. Email questions to stevenpetrow@earthlink.net. Follow him on Twitter: @stevenpetrow.Join Petrow for an online chat Tuesday, Feb. 23 at 1 p.m., at live.washingtonpost.com. Email questions to stevenpetrow@earthlink.net. Follow him on Twitter: @stevenpetrow.