U. S. Supreme Court Justice Antonin Scalia was asked if the judicial system had “gone off in error” by applying the equal protection requirements of the 14th Amendment to sex discrimination and sexual orientation discrimination. Scalia responded, “Yes, yes. . . . Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. . . .”
a. Explain why Scalia believes the 14th Amendment does not forbid discrimination based on sex and sexual orientation.
b. Do you agree with Scalia? Explain.