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June 26th, 2013

Excuses Are Not Mistakes

This from Slate…

Scalia the Mullah: The justice’s misunderstanding of morality, and how it leads him astray in cases about homosexuality.

In a speech last week titled “Mullahs of the West: Judges as Moral Arbiters,” Justice Antonin Scalia told the North Carolina Bar Association that the court has no place acting as a “judge moralist” in issues better left to the people. Since judges aren’t qualified—or constitutionally authorized—to set moral standards, he argued, the people should decide what’s morally acceptable.

…and so on.   Nathanial Frank pegs it at the end of this piece, thusly:

Morality is not just whatever views a majority has long held, and it’s not simply what you learned on your mother’s knee or whatever it says in your faith’s scripture. Moral belief is a grounded judgment about what harms or helps living things.

(emphasis mine)   That.   Which leads to this:   Scalia, like a lot of homophobes, does not have a misunderstanding about morality; he has an assortment of smokescreens he hides his prejudices behind, that he calls morality.

They do that in the kook pews and that is why their moral judgements seem so haphazard and contradictory: They’re not making moral judgements, they’re jerking their knees, dancing from one thing to another to whatever tune their prejudices call.

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