Barrett On Gay Pseudo Marriage: "I Do Not Discriminate Based On Sexual Preference"
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Senator Dianne Feinstein asked if she agrees with Scalia that “the U.S. Constitution does not afford gay people the fundamental right to marry.”
Barrett responded, “If I were confirmed, you would be getting Justice Barrett, not Justice Scalia.”
And, “So I don’t think that anybody should assume that just because Justice Scalia decided a decision a certain way, I would, too.”
“But I’m not going to express a view on whether I agree or disagree with Justice Scalia for the same reasons that I have been giving.”
Barrett referred to Justice Ruth Bader Ginsburg, who said “with her characteristic pithiness” that a Supreme Court nominee during confirmation hearings should give “no hints, no previews, no forecasts” regarding potential future rulings.
“I’m sorry to not be able to embrace or disavow Justice Scalia’s position, but I really can’t do that on any point of law.”
Barrett also said during the hearing: “I have never discriminated on the basis of sexual preference, and would not ever discriminate on the basis of sexual preference. Like racism, I think discrimination is abhorrent.”