scalia, gay marriage, scotus, marriage equality

Justice Thomas To Justice Scalia: Are… Are We The Baddies?

As you’ve no doubt heard by now, marriage equality is the law of the land. (And if you haven’t, OH MAN, MARRIAGE EQUALITY IS THE LAW OF THE LAND!!) You have to admit, it’s really good timing, coming right before the main Pride celebrations at the end of Pride Month.

Of course, it was a close decision with noted douchebags Scalia, Thomas, Alito and Roberts arguing against. In fact, Scalia’s dissent is particularly… nutty? Can we say nutty? And more than a little sad, as journalist Glenn Greenwald pointed out:


Everyone’s favorite satirical newspaper The Onion ran a great piece this morning too — “Scalia, Thomas, Roberts, Alito Suddenly Realize They Will Be Villains In Oscar-Winning Movie One Day”. That actually got me to thinkin’… do they know they’re the baddies?

This is the thing; this narrative is pretty common. The particulars (again, YAY MARRIAGE EQUALITY!!) are different, but one only needs to look at, say, Loving v. Virginia, the 1966 landmark case allowing inter-racial marriage to see how history views this sort of thing. The Supreme Court at that time was unanimous, but the lower courts who ruled in favor of the state have been vilified. In addition to a documentary about the case, there was even a TV Movie about it… and let’s just say those standing in the way of progress aren’t particularly well portrayed.


Or, not a legal case, but even in the comedy show Drunk History when they covered the FBI’s fight against Martin Luther King, Jr., Hoover was not only the antagonist of the story, but a total schmuck.

These are just two examples I can think of off the top of my head, and there’s many, many more. Hell, the Onion piece even says that the hypothetical Oscar-winning movie will probably be written by Tony Kushner, best known for Angels In America, about the early days of AIDS… and let’s just say homophobic politician Roy Cohn doesn’t exactly come off so well.

So, basically, if Scalia and company have watched, say, any movie with this sort of narrative at all, they’ve gotta know that they’re on the wrong side of history. You don’t need a crystal ball to see that with this decision, there’s not going to be a massive downfall of society, and no one’s going to wail “Oh no, Scalia! If only we had listened to you and your warnings, we wouldn’t be in this mess! Come back to us, Scalia!”

Which makes me wonder… was there ever a point where Scalia’s best buddy in the whole wide world Justice Thomas asked for a bit of advice about this? Was there a point where he realized…. they might be the baddies?

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