So, I have a t-shirt with the Dixie Flag on it that I got in the Gettysburg tourist shop, and the words "Gettysburg" underneath. I find civil war history fascinating, and especially the evolution of warfare that came with technology innovations in rifling and the use of rail-roads. I specifically visited Gettysburg to stand on the high water mark at Pickett's Charge. I can't imagine what it was like to be coming up that hill into the union defences. Really interesting stuff. So, I'm a bit of an enthusiast.
Does wearing a t-shirt from the Gettysburg tourist shop imply that someone is a racist? What about getting their picture taken in the t-shirt?
The Court views it as “discrimination” which it is the function of our judgments to deter. So imbued is the Court with the law profession’s anti-anti-homosexual culture, that it is seemingly unaware that the attitudes of that culture are not obviously “mainstream”; that in most States what the Court calls “discrimination” against those who engage in homosexual acts is perfectly legal; that proposals to ban such “discrimination” under Title VII have repeatedly been rejected by Congress, see Employment Non-Discrimination Act of 1994, S. 2238, 103d Cong., 2d Sess. (1994); Civil Rights Amendments, H. R. 5452, 94th Cong., 1st Sess. (1975); that in some cases such “discrimination” is mandated by federal statute, see 10 U.S.C. § 654(b)(1) (mandating discharge from the armed forces of any service member who engages in or intends to engage in homosexual acts); and that in some cases such “discrimination” is a constitutional right, see Boy Scouts of America v. Dale, 530 U.S. 640 (2000).
Let me be clear that I have nothing against homosexuals, promoting their agenda through normal democratic means. Social perceptions of sexual and other morality change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best. That homosexuals have achieved some success in that enterprise is attested to by the fact that Texas is one of the few remaining States that criminalize private, consensual homosexual acts. But persuading one’s fellow citizens is one thing, and imposing one’s views in absence of democratic majority will is something else.
And there is where the good little Vatican steamship Scalia runs aground. Civil Rights are not a popularity contest.