Judge Shelby’s opinion remains a delightful read, primarily for its willingness to take Justice Antonin Scalia at face value. Shelby sprinkles his opinion with Scalia’s doomsday dissents from Lawrenceand Windsor, when the justice famously warned America that the rulings were mere Trojan horses for legalized nationwide same-sex marriage. To Scalia, these predictions were ominous and minatory: Fight back, the justice seemed to be saying, lest the terrible consequence of gay marriage blight our nation from coast to coast.
Judge Shelby has a similar reading of the court’s rulings in Lawrence and Windsor, though he casts it in a more positive light than Scalia’s dark prophecies. In fact, Shelby seems to be teasing Scalia at times in his opinion.