Justice Scalia on DOMA Rulings: Supreme Court Has Overstepped Its Boundaries

By Lauren Leigh Noske

The Supreme Court overturned Section 3 of the Defense of Marriage Act (DOMA) on Wednesday of last week, much to the disappointment of Justices Antonin Scalia, Samuel Alito, Clarence Thomas, and Chief Justice John Roberts. The DOMA was established in 1996 and defines marriage as the legal union of one man and one woman, prohibiting same-sex couples from being recognized for federal spousal laws.

Justice Scalia dissented fervently from the Supreme Court ruling, stating that the Court had no right to weigh-in on the matter because the Obama administration had chosen not to defend the constitutionality of Section 3 of the DOMA. He also argued that the majority opinion statement was written in such a way as to pressure states, which are able to define marriage however they like, to “hate your neighbor or come along with us” and legislate liberally for fear of being thought of as cruel toward people who practice homosexuality.

Scalia insisted that the Constitution of the United States “does not forbid the government to enforce traditional moral and sexual norms;” it is perfectly just, he argues, to legislate that marriage be defined Biblically, as was established by America’s founding fathers. Scalia believes that the Supreme Court has overstepped its boundaries – the Court, which is responsible for determining whether legislation aligns with the Constitution, does not have the authority to establish new laws. “This image of the court would have been unrecognizable to those who wrote and ratified our national charter," he said.

America was founded on Biblical principles. "To defend traditional marriage is not to condemn, demean, or humiliate those who would prefer other arrangements, any more than to defend the Constitution of the United States is to condemn, demean, or humiliate other constitutions,” said Justice Scalia. He warned that the Supreme Court’s role has been exalted to a place where it ought not be.

  • ‘Wang Mingdao’s Diary’ reproduction highlights complexities of contemporary Chinese Christianity

    On December 9, the China Graduate School of Theology (中国神学研究院) hosted a public lecture titled “A Courageous Witness in the Times—Launch of Wang Mingdao (王明道)’s Diary.” The lecture, themed “Faith Patterns in Beijing’s Christian Churches Through the Lens of Wang Mingdao’s Diary,” featured Dr. Ni Buxiao (倪步晓), Associate Director and Assistant Professor at the Christian Faith and Chinese Culture Research Center of Alliance Bible Seminary (建道神学院), as the keynote speaker.

  • Floating library ‘Doulos Hope’ arrives in Taiwan; spreading love and hope from a former cruise ship

    Doulos Hope, the international floating book fair ship, has returned to Taiwan and is now docked at Kaohsiung Port, open to the public from December 18, 2024, to January 12, 2025. Originally built in 1991 and renovated in 2022, the ship features over 2,000 books on various topics, including faith, science, and art. It is operated by a diverse crew of 140 volunteers from 25 countries, offering services such as education, healthcare, and community outreach. The ship's mission is to spread hope and

  • Chinese Online School of Theology publishes annual ministry report: Expanding Chinese theological education through new strategies

    In the 2023-2024 academic year, New York-based Chinese Online School of Theology (COST) has seen significant development in expanding its ministry in theological education and mission outreach. They have promoted a series of new events and projects to explore different strategies that expand theological education for Chinese ministers. The following are some highlights from the 2023-2024 annual report:

  • Dr. Fenggang Yang: How foreign forces transformed traditional Chinese legal systems

    In a recent lecture to Chinese Christians, scholar Dr. Fenggang Yang (杨凤岗) gave an in-depth analysis of the historical evolution and contemporary significance of the modern legal system in Chinese society. He explored the tensions and integrations between traditional law and modern rule of law, highlighting the distinctive characteristics of China’s traditional legal system and emphasizing the role of foreign influences in introducing modern legal practices into Chinese society.