The following is a quote from Justice Scalia's dissenting opinion in Lawrence V. Texas (2003). It is nothing if not a subjective expression of his personal feelings which, as many (including Scalia) would maintain, has no place as an element of the SCOTUS decision making process:

"Today’s opinion is 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."

So, it is probably true that no SCOTUS members, present or past, should be throwing stones. If Chief Justice Marshall's motivation can be questioned and criticized, certainly Scalia's can be also. Everybody - drop your stones.


http://www.law.cornell.edu/supct/html/02-102.ZD.html


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