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Crediting the notoriously gay-unfriendly Scalia for nationwide marriage equality may seem preposterous. But I have never been custodian of my legacy. This is especially true of constitutional law, since the point of a constitution is to place firmer limits on the whims of the people than ordinary laws create. As he saw it, anti-sodomy laws spring from similar moral concerns. And so part of the challenge with Scalia was divining whether and how much he despised homosexuality by reading between the lines of his opinions—and then deciding if it even mattered if he was anti-gay. Surely that is the only sort of 'animus' at issue here: And yet the job description of being a Supreme Court justice requires imposing more than just legal judgments.
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