Sen. Markey: "Originalism Is Racist, Originalism Is Sexist, Originalism Is Homophobic" | Video | RealClearPolitics

Sen. Markey: "Originalism Is Racist, Originalism Is Sexist, Originalism Is Homophobic"

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Sen. Ed Markey (D-MA) attacks originalism and Amy Coney Barrett in a speech on the floor of the United States Senate on Monday.


SEN. MARKEY: Judge Barrett is a proud originalist and textualist in the mold of her mentor, the late justice Antonin Scalia. One of the staunchest and most arch-conservatives ever to serve on the United States Supreme Court. And as Judge Barrett put it at her own confirmation hearing, Justice Scalia's judicial philosophy is mine, too.

As Judge Barrett described so-called originalism, it means she is supposed to interpret the constitution's text and understand it to have the meaning it had when the constitution was ratified. but interpreting the constitution in that manner has been used over and over to deny rights to women, to communities of color, and to the LGBTQ individuals, members of our society who had no rights when the constitution was ratified. Originalism is racist. Originalism is sexist. Originalism is homophobic.

For originalists like Judge Barrett, LGBTQ stands for 'let's go back in time, quickly.' A time when you couldn't marry who you love, when you couldn't serve in the military if you were trans, a time when rights were not extended to gay, lesbian, by sexual, transgender, queer, questioning, or intersection individuals. Originalism is just a fancy word for discrimination. It has become a hazy smoke screen for judicial activism by so-called conservatives to achieve from the bench what they cannot accomplish through the ballot box.
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