The U.S. Supreme Court is making decisions that should be left to Congress or the people, from wiretapping to “inventing” new classes of minorities, Justice Antonin Scalia said Monday.
In an apparent reference to the court’s recent decisions on gay marriage and benefits for same-sex couples, Scalia said it is not the function of the courts to create exceptions outside the Constitution unless a majority of people agree with them.
“It’s not up to the courts to invent new minorities that get special protections,” Scalia told a packed hotel ballroom in southwestern Montana.
The Supreme Court earlier this year cleared the way for same-sex marriages to resume in California and struck down part of a federal law that prevents legally married gay couples from receiving benefits. Scalia voted against the majority of justices.