Do you agree with Scalia? Scalia's argument is that the 14th amendment was not written to address sexism, therefore does not apply to gender (or sexual orientation). Thus, many minorities can only achieve equality by appealing to the majority. The counter argument to Scalia's point-of-view is that the Constitution is governed by timeless principles, thus the 14th amendment needs to be interpreted in light of current times. This is the key text in the 14th Amendment: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This is what Scalia said, according to the SF Chronicle: Constitution does not ban sex bias, Scalia says The U.S. Constitution does not outlaw sex discrimination or discrimination based on sexual orientation, Supreme Court Justice Antonin Scalia told a law school audience in San Francisco on Friday. "If the current society wants to outlaw discrimination by sex, you have legislatures," Scalia said during a 90-minute question-and-answer session with a professor at UC Hastings College of the Law. He said the same was true of discrimination against gays and lesbians. ... The court has ruled since the early 1970s that the 14th Amendment's guarantee of equal protection of the laws applies to sex discrimination, requiring a strong justification for any law that treated the genders differently. That interpretation, Scalia declared Friday, was not intended by the authors of the amendment that was ratified in 1868 in the aftermath of the Civil War. "Nobody thought it was directed against sex discrimination," he said.