Democrat Senator Attacks Barrett: ‘Originalism is Racist. Originalism is Sexist. Originalism is Homophobic.’

By CNSNews.com Staff | October 29, 2020 | 3:14pm EDT
The children and family of Amy Coney Barrett arriving at her Senate Judiciary Committee confirmation hearing, Oct. 12, 2020. (Photo by Drew Angerer/Getty Images)
The children and family of Amy Coney Barrett arriving at her Senate Judiciary Committee confirmation hearing, Oct. 12, 2020. (Photo by Drew Angerer/Getty Images)

(CNSNews.com) - Sen. Edward Markey (D.-Mass.) said in a speech on the Senate floor on Sunday that the judicial philosophy embraced by Amy Coney Barrett—who was confirmed on Monday—is “racist,” “sexist,” and “homophobic.”

Markey also said that this “racist,” “sexist,” and “homophobic” judicial philosophy was embraced by the late Justice Antonin Scalia who Markey said was Barrett’s “mentor.”

“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 U.S. Supreme Court,” said Markey. “As Judge Barrett put it at her own confirmation hearing, ‘Justice Scalia's judicial philosophy is mine, too.’”

“As Judge Barrett describes 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 LGBTQ individuals--members of our society who had no rights when the Constitution was ratified,” said Markey.

“Originalism is racist,” said Markey.

“Originalism is sexist,” he said.

“Originalism is homophobic,” he continued.

“For originalists like Judge Barrett, ‘LGBT'’ stands for ‘let's go back in time'’--a time when you couldn't marry whom you love; a time when you couldn't serve in the military if you were trans; a time when rights were not extended to gay, lesbian, bisexual, transgender, queer, questioning, or intersex individuals,” Markey said.

“‘Originalism’ is just a fancy word for ‘discrimination,’”  Markey continued.

“It has become a hazy smokescreen for judicial activism by so-called conservatives to achieve from the bench what they cannot accomplish through the ballot box and an elected Congress,” he said. “As a result, they roll back individual rights through judicial decisions."

Here is a transcript of the part of Sen. Markey’s speech where he says that the “originalist” judicial philosophy embraced by Amy Coney Barrett and the late Justice Antonin Scalia is “racist,” “sexist” and “homophobic:”

Sen. Edward 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 U.S. Supreme Court. As Judge Barrett put it at her own confirmation hearing, ‘Justice Scalia's judicial philosophy is mine, too.’

“As Judge Barrett describes 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 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, ‘LGBT'’ stands for ‘let's go back in time'’--a time when you couldn't marry whom you love; a time when you couldn't serve in the military if you were trans; a time when rights were not extended to gay, lesbian, bisexual, transgender, queer, questioning, or intersex individuals. ‘Originalism’ is just a fancy word for ‘discrimination.’ It has become a hazy smokescreen for judicial activism by so-called conservatives to achieve from the bench what they cannot accomplish through the ballot box and an elected Congress. As a result, they roll back individual rights through judicial decisions.”

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