Scalia claims he’s never expressed his views on marriage equality

U.S. Supreme Court Justice Antonin Scalia, right, reads from his new book, ‘Reading Law: The Interpretation of Legal Texts,’ alongside SMU professor and co-author Bryan Garner. (Anna Waugh/Dallas Voice)

U.S. Supreme Court Justice Antonin Scalia told an audience at Southern Methodist University on Monday night that he hasn’t previously “expressed [his] views” on marriage equality or gun control.

The comment came while Scalia and SMU professor Bryan Garner were lecturing on their new book, Reading Law: Interpretations of Legal Texts. Part of the lecture focused on interpreting texts in the context in which they were written.

Garner explained that someone can personally disagree with a text but can agree on its interpretation. He explained that he and Scalia differ on gun control and marriage equality because he favors both. Scalia countered that he hadn’t expressed his views on either topic and left it at that.

Scalia’s statement seems at odds with his dissenting opinion in Lawrence v. Texas, which declared state sodomy laws unconstitutional. In the opinion Scalia wrote:

“State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers’ validation of laws based on moral choices. Every single one of these laws is called into question by today’s decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding.”

—  Anna Waugh