Alito’s Dissent Also Deserves a Look

[Geee]

American Spectator:

Justice Sam Alito filed his own dissenting opinion in Windsor, yesterday’s Supreme Court ruling that found Section 3 of the federal Defense of Marriage Act unconstitutional. Of the three dissents, most of the attention has focused on Justice Scalia’s, as I mentioned this morning. But Alito also had many insightful observations and arguments — albeit less animated than Scalia’s — that ought not be ignored.

He began his opinion by noting that “Our Nation is engaged in a heated debate about same-sex marriage,” a debate that ultimately concerns the fundamental “nature of the institution of marriage” itself. And this case was asking the Court “to intervene in that debate.”

On the question of standing, Alito agreed with the reasons provided in Scalia’s dissent that the Court had no authority to rule in Windsor. He then moved on to the merits of the case.

He first argued:

Same-sex marriage presents a highly emotional and important question of public policy — but not a difficult question of constitutional law. The Constitution does not guarantee the right to enter into a same-sex marriage. Indeed, no provision of the Constitution speaks to the issue.