Paul Glastris did a post yesterday noting that during oral arguments in the Prop 8 case, Justice Scalia didn’t seem to know that gay adoptions were legal in California, reflecting the under-the-radar legalization of same-sex couple adoptions around the country that Alison Gash has written about for the Washington Monthly.
Turns out Scalia’s confusion was even deeper than that. As Ezra Klein notes today, the doughty right-wing jurist asserted there was “considerable disagreement among sociologists as to what the consequences of raising a child in a single-sex family, whether that is harmful to the child or not.”
Trouble is an amicus brief filed by the American Sociological Association in the very case Scalia was hearing states unambiguously that the sexual orientation of parents “has no bearing on a child’s wellbeing.”
Seems Scalia or his clerks should be a bit more thorough in reading all those briefs.