Justice Scalia discusses gays and the law
U.S. Supreme Court Justice Antonin Scalia recently gave a speech at the historically Catholic Duquesne University School of Law. According to this article at Think Progress Justice, "Justice Antonin Scalia urged the university not to stray from a religious identity hostile to gay and lesbian students." That fact that Justice Scalia was recently irked by the the topic of gays reminded me of a talk he gave in St. Louis about three years ago (to the Bar Association of Metropolitan St. Louis) where he displayed a condescending tone while mentioning gays and the law on several occasions during a single speech. Back when I heard his St. Louis speech, it seemed to me that Justice Scalia merely had an ax to grind based on his belief that gays don't have a protected place in the law under his pet theory of "originalism." This Think Progress article reminded me of his tone at the St. Louis lecture three years ago. The comments to the Think Progress article repeatedly returned to the topic of reaction formations. Perhaps that is unfair, because I'm sure he discusses other topics at his many lectures. There is also a fascinating literature suggesting that conservatives are susceptible to inviting disgust into their moral arsenal (and see here). On the other hand, Scalia is one of many conservatives out there who burn considerable frustrated energy on this topic, tempting me to do some arm chair psychoanalysis. And I must say that his tone at the St. Louis lecture was permeated with condescension, arguably disgust. I would normally think armchair psychology to be inappropriate except that it seems so utterly invited in this case. Further, Scalia's long slow burn on this topic might well be invading his analysis of the law. And he is a very powerful man, apparently with many years yet to serve on the Supreme Court bench.