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Subject:  Re: Scalia the Sophist Date:  12/13/2012  1:51 PM
Author:  kenm47 Number:  1844712 of 2204419

"No. Scalia's argument is that the legal standard under which the sodomoy cases were disposed of is one that applies to every action of government. All laws have to be able to pass a rational relationship test."

My problem with Scalia (and I admit I'm no Scalia study scholar) is he seems to fit the determination of rationality with a personal desired result, so he can decide to use a modern/current rational perspective or whatever era - he can pick and choose. After all, at one time it was "rational" to believe the Sun orbited the Earth. At one time it was "rational" to believe in the intrinsic inferiority of the female of the species. At one time it was "rational" to believe children grew up just fine despite the demands of factory jobs.

So what (or when) is his POV on same sex marriage and the rights of same sex couples?

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