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Scalia in DOMA Dissent: Majority Supports Same-Sex Marriage as a Constitutional Right

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San Francisco City Hall(KQED/Deborah Svoboda)
San Francisco City Hall
(KQED/Deborah Svoboda)

In Justice Antonin Scalia’s blistering dissent on the DOMA ruling, he states that majority of justices is now willing to declare same-sex marriage a constitutional right:

“It takes real cheek for today's majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here—when what has preceded that assurance is a lecture on how superior the majority's moral judgment in favor of same-sex marriage is to the Congress's hateful moral judgment against it. I promise you this: The only thing that will ‘confine’ the Court's holding is its sense of what it can get away with.”

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