Scalia: "It's not up to the courts to invent new minorities"

Reportedly referring to gay rights, the justice said the court shouldn't expand who gets "special protections"

By Jillian Rayfield
Published August 20, 2013 1:55PM (EDT)

Supreme Court Justice Antonin Scalia said that it's not up to the courts to "invent new minorities" when deciding who gets special protections under the Constitution, reportedly referring to the high court's recent decisions on DOMA and Proposition 8.

The Associated Press reports:

In an apparent reference to the court's recent decisions on gay marriage and benefits for same-sex couples, Scalia said it is not the function of the courts to create exceptions outside the Constitution unless a majority of people agree with them.

"It's not up to the courts to invent new minorities that get special protections," Scalia told a packed hotel ballroom in southwestern Montana.


Jillian Rayfield

Jillian Rayfield is an Assistant News Editor for Salon, focusing on politics. Follow her on Twitter at @jillrayfield or email her at

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