Just weeks ago, Pope Francis shook up the Catholic Church with a wide-ranging and welcome interview that included positive words about gay and lesbian people. Now, Supreme Court Justice Antonin Scalia is making waves in an interview with New York Magazine where he speaks about his Catholic faith and homosexuality.
Justice Scalia is normally an outspoken Catholic, but he offered little when asked about Pope Francis. The interviewer pressed him on the issue of homosexuality, asking (New York Magazine’s questions are in bold):
“I was wondering what kind of personal exposure you might have had to this sea change [of LGBT rights].
“I have friends that I know, or very much suspect, are homosexual. Everybody does.
“Have any of them come out to you?
“No. No. Not that I know of.”
He is asked in the interview whether his views on homosexuality have “softened” given the pope’s new welcome of gay and lesbian people, but Scalia is unable to understand how they could soften because in his mind the issue is set Catholic doctrine. The interviewer asks how these personal views affect his role on the Supreme Court, and Scalia answers:
“I still think it’s Catholic teaching that [homosexuality is] wrong. Okay? But I don’t hate the people that engage in it. In my legal opinions, all I’ve said is that I don’t think the Constitution requires the people to adopt one view or the other…
“Maybe the world is spinning toward a wider acceptance of homosexual rights, and here’s Scalia, standing athwart it. At least standing athwart it as a constitutional entitlement. But I have never been custodian of my legacy. When I’m dead and gone, I’ll either be sublimely happy or terribly unhappy.”
He pivots from here into a lengthy discussion of heaven and hell, the Devil, and atheism, all of which you can find here.
Yet, as a justice on the US’ top court and a prominent Catholic, Scalia’s record on LGBT issues is less “standing athwart” on legal grounds and more a clearly defined legacy of anti-gay bias rooted in his understanding of the Catholic faith.
Right Wing Watch offers a rundown of Scalia’s harshest moments against the LGBT community, as when he previously compared homosexuality to murder and cruelty against animals or when he wrote a scathing opinion in Lawrence v. Texas that would justify discrimination against gay people. Then there is the unusual step the justice took in reading aloud from the bench his blistering dissent when the Supreme Court struck down DOMA this past June.
It appears Pope Francis’ effect on Justice Scalia is minimal given the New York Magazine interview, and it is doubtful the justice would act like other Catholics on the court in endorsing the rights of all people regardless of sexual orientation or gender identity. It is also clear in his language that Scalia continues to view homosexuality in terms of sexual acts, instead of as an integral part of a person’s identity. It is telling that someone as well-connected as the justice claims to know no gay people personally, and does little to show compassion, sensitivity, or respect for them as the Church asks of him.
With LGBT rights expanding in the US and Pope Francis preaching words of welcome, the moment is prime for the justice to reconsider how he speaks about and interacts with gay people. Perhaps acknowledging those he knows who are LGBT identified is a start. Perhaps he could consider aspects of his Catholic faith, like the dignity of each person and the common good pf all, when it comes to homosexuality. Perhaps he could simply start by echoing Pope Francis’ words in interviews and say, “Who am I to judge?“
–Bob Shine, New Ways Ministry