Another Federal Judge Trolls Scalia While Striking Down Gay Marriage Ban

WASHINGTON — A federal judge in Idaho on Tuesday joined the growing list of jurists who have embraced the words of Supreme Court marriage equality opponent Justice Antonin Scalia while striking down a state ban on same-sex marriage.

In declaring Idaho’s same-sex marriage ban unconstitutional on Tuesday, U.S. Magistrate Judge Candy Dale name-checked Scalia’s dissent in the 2003 decision Lawrence v. Texas, which struck down an anti-sodomy law.

Scalia at the time was trying to warn that the court’s decision against an anti-sodomy law would call into question laws based on moral choices, like same-sex marriage (and, he wrote, bigamy, adult incest and prostitution). He wrote that “‘preserving the traditional institution of marriage’ is just a kinder way of describing the State’s moral disapproval of same-sex couples.”

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