Live from La Farine: It is very clear to me that Nino Scalia has found one minority that deserves support from extra-strict scrutiny: peculiar doctrines held by the current hierarchs of a religious sect to which five Supreme Court justices belong. Perhaps he could get himself out of his pickle by reasoning forward from there?
Justice Antonin Scalia Questions Logic Behind Gay Rights Protections: "The Supreme Court’s decisions protecting gay rights were not rooted in the Constitution...
:...and their logic could as easily apply to child molesters, Justice Antonin Scalia told a room filled with first-year law students at Georgetown University on Monday. "What minorities deserve protection?" he asked. "What? It’s up to me to identify deserving minorities?" He said those decisions should generally be made by the democratic process....
He also... that the First Amendment protects political and religious minorities but suggested that there was no principled way for courts to make further distinctions based on the text of the Constitution. "What about pederasts?" he asked. "What about child abusers?"