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Leading the Witness

JUSTICE SCALIA: Why do you think that the public perception of homosexual acts has not changed? Do you think it hasn’t?

HARRIS COUNTY D.A. CHARLES A. ROSENTHAL: The public perception of it?

SCALIA: Yes, yes. Do you think there’s public approval of it?

ROSENTHAL: Of homosexuals, but not of homosexuality activity.

SCALIA: What do you base that on?

ROSENTHAL: I beg your pardon?

SCALIA: What do you base that on?

ROSENTHAL: Well, even —

SCALIA: I mean, I think there ought to be some evidence which you can bring forward.

ROSENTHAL: Sure.

SCALIA: Like perhaps the failure of the federal Congress to add sexual preference to the list of protected statuses against which private individuals are not permitted to discriminate, that addition has been sought several times, and it’s been rejected by the federal Congress, hasn’t it?

ROSENTHAL: Yes, sir.

—from March 26, 2003, oral arguments in Lawrence and Garner v. Texas

The Vast Gay Conspiracy

“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. I noted in an earlier opinion the fact that the American Association of Law Schools (to which any reputable law school must seek to belong) excludes from membership any school that refuses to ban from its job-interview facilities a law firm (no matter how small) that does not wish to hire as a prospective partner a person who openly engages in homosexual conduct.

“. . . Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive . . . In most states what the Court calls ‘discrimination’ against those who engage in homosexual acts is perfectly legal.”

—from Justice Antonin Scalia’s dissenting opinion


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