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The majority's decision today will require States to issue marriage licenses to same-sex couples and to recognize same-sex marriages entered in other States largely based on a constitutional provision guaranteeing 'due process' before a person is deprived of his 'life, liberty, or property'. I have elsewhere explained the dangerous fiction of treating the Due Process Clause as a font of substantive rights. It distorts the constitutional text, which guarantees only whatever 'process' is 'due' before a person is deprived of life, liberty, and property. Worse, it invites judges to do exactly what the majority has done here.
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Though the ideas and opinions themselves are not necessarily illegitimate if held by non-black individuals, they, and the person enunciating them, are illegitimate if that person happens to be black. Thus, there's a subset of criticism that must of necessity be reserved for me, even if every non-black member of the court agrees with the idea or the opinion. You see, they are exempt from this kind of criticism, precisely because they are not black. As noted earlier, they are more often than not subjected to the whites-only sophisticated analysis.
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A white person is free to think whatever they want to think, but a black person has to think a certain way. Why do you think I get in so much controversy? People have a model of what they think a black person should think.
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I've found during my almost twenty years in Washington that the tendency to personalize differences has grown to be an accepted way of doing business. One need not do the hard work of dissecting an argument. One need only attack and thus discredit the person making the argument. Though the matter being debated is not effectively resolved, the debate is reduced to unilateral pronouncements and glib but quotable cliches.
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A friend of mine who passed away some nine years ago was an active member of the NBA. And many of you may remember him, Gil Hardy. [Applause.] Probably one of the most painful tragedies for me of my confirmation was to see the name of one of the nicest, most decent human beings I had ever met, besmirched. And Gil was my best friend at both college and at Yale Law School. He was the best man at my wedding and he is the person to whom I went for solace.
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There's a rush today to prescribe who is black, to prescribe what our differences, or to ignore what our differences, are. Of course, those of us who came from the rural South were different from the blacks who came from the large northern cities, such as Philadelphia and New York. We were all black. But that similarity did not mask the richness of our differences. Indeed, one of the advantages of growing up in a black neighborhood was that we were richly blessed with the ability to see the individuality of each black person with all its fullness and complexity. We saw those differences at school, at home, at church, and definitely at the barbershop on Saturday morning.
Clarence Thomas
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Honest conviction is my courage; the Constitution is my guide.
Andrew Johnson
Clarence Thomas
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Born:
June 23, 1948
(age 76)
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