By Gary Donovan Snay
From a story located at:
Abandoning Equal Protection Under the law because of a religious belief is not justice. Drawing a moral equivalence between child molestation and being born gay is why Scalia is such a bad judge. His logic, if taken to the extreme, opens the door for laws grounded on religious belief.
At any given time, laws can be approved based on religious beliefs. The Muslim world does that right now. There is still a large portion of our religious society that doesn’t believe women should be allowed to vote. If by chance this religious view obtains a majority, it doesn’t mean Scalia, who might hold that religious view to be true, should ignore Equal Protection Under the Law and take away women’s right to vote.
Equal Protection Under the Law was not conceived to protect the majority. Our Civil Liberties are not supposed to protect just the majority. As a judge, Scalia is charged with the obligation to protect the rights of a single person if that person’s rights are violated by the majority.
Anti-Abortion laws in our country represents a struggle between two religious views. One religious view says life begins at conception and is a viable human being in the womb. Another religious view believes life does not take place until the first breath. People may disagree about when life begins but laws should not be made supporting one religious view over another.
Legislators and judges showing favoritism of one religious view over another is one of the reasons we have protections for individuals written into our constitution. When judges support religious interpretation and codify those views into law, showing preference for one view over another, problems occur.
You may find yourself in the majority today but ten years from now you may find yourself in the minority. That’s why Equal Protection Under the Law is so important. It’s also why the day may come when your individual rights can be violated if judges like Scalia continue to hold legal views contrary to the core values of our nation.
Saudi Arabia and its judges do not understand Equal Protection Under the Law. It looks like more and more Americans don’t understand it either. When a Supreme Court Justice doesn’t understand this concept and Americans embrace discrimination as acceptable because of their religious beliefs, then we have more in common with Muslims than many want to believe.