Newspaper article St Louis Post-Dispatch (MO)

Special Protection for a Special Class

Newspaper article St Louis Post-Dispatch (MO)

Special Protection for a Special Class

Article excerpt

Ten years ago, the Supreme Court upheld a Georgia law that criminalized homosexual practice. Now, in a 6-3 ruling, the court says a majority of Colorado citizens cannot pass laws that discriminate against people engaged in practices it acknowledges can be labeled criminal.

How can this be since certain rights - such as voting, obtaining credit or getting security clearances - are denied to other classes of people who commit acts deemed by states to be criminal?

Writing for the majority, Justice Anthony Kennedy said that Coloradans could not amend their constitution to ban laws protecting homosexuals from discrimination because it "unfairly singles out a single trait - homosexuality - and then denies them the possibility of legal protection across the board."

Yet, aren't homosexuals asserting "rights" based on that same "trait"? And if people can change their behavior from the practice of homosexuality to heterosexuality or celibacy, why do they rate special protection given to no other behavioral class?

In his dissent, Justice Antonin Scalia said that if it is rational to criminalize the conduct, "surely it is rational to deny special favor and protection to those with a self-avowed tendency or desire to engage in the conduct."

Scalia added that the Colorado constitutional amendment was designed "to prevent piecemeal deterioration of the sexual morality favored by a majority of Coloradans. Striking it down is an act not of judicial judgment, but of political will."

This ruling again grants to homosexuals a special class status that makes the political playing field uneven. They get laws protecting not only their behavior, but they get to propagate their way of life as normal in public schools and in our culture. Meanwhile, the same courts deny those who disagree with them the right to pass laws that sustain a moral code in which they believe.

Scalia says the decision imposes upon all Americans the pronouncement that "animosity toward homosexuality" is evil. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed


An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.