Justice Scalia's 'shocking' stance on sex discrimination
Women's rights advocates are seething after Scalia says the Constitution does not prohibit discrimination against women and gays

Supreme Court Justice Antonin Scalia touched off a fierce debate over the Constitution this week by saying, in an interview with California Lawyer magazine, that the 14th Amendment does not protect against discrimination based on gender or sexual orientation. Marcia Greenberger, co-president of the National Women's Law Center, called Scalia's stance "shocking," saying it suggests the government could allow discrimination against women and the courts would have no constitutional grounds to stop it. Did Scalia misspeak? (Watch an MSNBC discussion about Scalia's comments)
Scalia is just plain wrong: Justice Scalia should know better, says Alex Pareene in Salon. The 14th Amendment says "equal protection under the laws will be afforded to citizens, not 'straight male citizens,' or whatever distinction Scalia's making here." He's supposed to be the "originalist" who goes by what the Constitution says, so he should interpret it "literally," not twist it to suit his "ultra-conservative Republican" politics.
"Antonin 'Women Don't Have Rights' Scalia will teach Republicans the Constitution"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
There is nothing shocking about what Scalia said: Justice Scalia's view is "neither novel nor new," says William Jacobson in Legal Insurrection. "The Constitution does not address discrimination on the basis of sex" — if it did, the Equal Rights Amendment would never have been proposed. As usual, liberals are "dumbing-down" the Constitution to make it mean what they want it to mean.
"More dumbed-down talk about the Constitution from a you-know-who"
Scalia is only half right: The 14th Amendment was actually intended to protect some women, says Jack Balkin in Balkinization. When the amendment was being debated in 1868, supporters figured it wouldn't affect married women, whose identities at the time were legally merged with their husbands'. But lawmakers knew they were extending rights to single women, who weren't covered by existing rules. Scalia needs to brush up on his history.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Help! Do we really need four Beatles biopics?
Talking Point The cast of Sam Mendes' Beatles biopics has been announced
By Chas Newkey-Burden, The Week UK Published
-
Test driving the Rolls-Royce Spectre Black Badge
The Week Recommends We take the most powerful Rolls-Royce ever built for a spin in Barcelona
By Fergus Scholes Published
-
Tuberculosis is seeing a resurgence, and it's only going to get worse
Under the radar The spread of the deadly infection is buoyed by global unrest
By Devika Rao, The Week US Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published