Justice Scalia Weighs in on Same-Sex Dorm Dispute During Speech

By Stephanie Rabiner, Esq. on September 27, 2011 | Last updated on March 21, 2019

Supreme Court Justice Antonin Scalia likes same-sex dorms.

Or at least he thinks that universities shouldn't so easily abandon their religious and moral convictions.

While speaking at Duquesne University Law School over the weekend, the Catholic Justice weighed in on religion in public life . This included criticizing a lawsuit against Catholic University's newly imposed co-ed dorm ban.

He also lamented his colleagues' decision in Christian Legal Society v. Martinez. Recall that the majority gave U.C. Hastings permission to deny support to groups that oppose homosexuality.

Before he expressed such dismay, Justice Scalia first addressed the issues of tolerance and diversity. In striving for tolerance, he explained, universities have eliminated diversity of "moral judgment based on religious views."

He then cited Martinez and same-sex dorms as examples, according to the Pittsburgh Tribune-Review.

The latter refers to a recently-filed lawsuit against Catholic University (D.C.). John Banzhaf, a law professor at George Washington University, has taken issue with the school's decision to phase-out same-sex dorms.

He calls it discriminatory, whereas the school hopes to fight binge drinking and casual sex.

Once he finished opining on past and pending litigation, Justice Scalia continued. He urged Duquesne University not to cede to the "politically correct insistence upon suppression of moral judgment."

Wait, does he mean to say that the suppression of discrimination is actually the suppression of a religious right to judge?

Given his past writings, it's not that surprising to hear Justice Scalia so whole-heartedly support the diversity of religious viewpoints. But to comment on the pending same-sex dorm dispute? That's a bit different.

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