The Supreme Court overturned Section 3 of the Defense of Marriage Act (DOMA) on Wednesday of last week, much to the disappointment of Justices Antonin Scalia, Samuel Alito, Clarence Thomas, and Chief Justice John Roberts. The DOMA was established in 1996 and defines marriage as the legal union of one man and one woman, prohibiting same-sex couples from being recognized for federal spousal laws.
Justice Scalia dissented fervently from the Supreme Court ruling, stating that the Court had no right to weigh-in on the matter because the Obama administration had chosen not to defend the constitutionality of Section 3 of the DOMA. He also argued that the majority opinion statement was written in such a way as to pressure states, which are able to define marriage however they like, to “hate your neighbor or come along with us” and legislate liberally for fear of being thought of as cruel toward people who practice homosexuality.
Scalia insisted that the Constitution of the United States “does not forbid the government to enforce traditional moral and sexual norms;” it is perfectly just, he argues, to legislate that marriage be defined Biblically, as was established by America’s founding fathers. Scalia believes that the Supreme Court has overstepped its boundaries – the Court, which is responsible for determining whether legislation aligns with the Constitution, does not have the authority to establish new laws. “This image of the court would have been unrecognizable to those who wrote and ratified our national charter," he said.
America was founded on Biblical principles. "To defend traditional marriage is not to condemn, demean, or humiliate those who would prefer other arrangements, any more than to defend the Constitution of the United States is to condemn, demean, or humiliate other constitutions,” said Justice Scalia. He warned that the Supreme Court’s role has been exalted to a place where it ought not be.