Nah, it was way above page 109, in the findings of fact somewhere. - Edit 1
Before modification by Legolas at 05/08/2010 12:37:59 PM
I read from p109 to the bottom but didn't notice any mention of Scalia by name. Did I miss it, or did the judge simply name the case and you happen to know that the quote was from Scalia?
Page 61, quoting from Scalia's dissent in the famous Lawrence v. Texas case (Supreme Court decision overruling Texas' ban on "sodomy"
: "“If moral disapprobation of homosexual
conduct is ‘no legitimate state interest’ for purposes of
proscribing that conduct * * * what justification could
there possibly be for denying the benefits of marriage to
homosexual couples exercising ‘the liberty protected by
the Constitution’? Surely not the encouragement of
procreation, since the sterile and the elderly are
allowed to marry.”