Then he deadpanned: "I'm surprised you aren't persuaded."
Hosie said afterward that he was not persuaded by Scalia's answer. He said he believes Scalia's writings tend to "dehumanize" gays.
As Scalia often does in public speaking, he cracked wise, taking aim mostly at those who view the Constitution as a "living document" that changes with the times.
"It isn't a living document," Scalia said. "It's dead, dead, dead, dead."
He said that people who see the Constitution as changing often argue they are taking the more flexible approach. But their true goal is to set policy permanently, he said.
"My Constitution is a very flexible one," he said. "There's nothing in there about abortion. It's up to the citizens. ... The same with the death penalty."
Scalia said that interpreting laws requires adherence to the words used and to their meanings at the time they were written.
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