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Justice Scalia Confronted On Sodomy laws

HeadlineApr 22, 2005

The rightwing Supreme Court Justice Antonin Scalia got more than he bargained for when he accepted the New York University Annual Survey of American Law’s invitation to engage students in a question and answer session. Randomly selected to attend the limited-seating and closed-to-the-press event, NYU law school student Eric Berndt asked Scalia to explain his dissent in Lawrence v. Texas, the 2003 Supreme Court case that effectively struck down the nation’s sodomy laws. Not satisfied with Scalia’s answer, Berndt asked the Justice, “Do you sodomize your wife?” Scalia demurred and law school administrators moved quickly to turn off the student’s microphone. In a post to fellow law school students after the event, Berndt defended his question, saying it was an entirely fair question to pose to a Justice whose opinion—had it been in the majority—would have allowed the state to ask that same question to thousands of gays and lesbians, and to punish them if the answer is yes. Berndt wrote “How am I to docilely engage a man who sarcastically rants about the “beauty of homosexual relationships” and believes that gay school teachers will try to convert children to a homosexual lifestyle? Berndt said he asked the question to “subject a homophobic government official to the same indignity to which he would subject millions of gay Americans.”

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