|Fellow travelers: some people scream cray cray from the|
gallery, some people intone it from the bench.
Maybe he was mad that Justices Kagan and Breyer had just demolished his ridiculous suggestion that a pro-gay marriage ruling would prevent anti-gay marriage ministers from marrying anyone. (Various news accounts characterized his concern as merely worrying that anti-gay ministers would be compelled to marry gay couples.)
Here's what he said (transcript links are here):
In response, Justice Kagan pointedly noted:
...there are many rabbis that will not conduct marriages between Jews and non-Jews, notwithstanding that we have a constitutional prohibition against religious discrimination. And those rabbis get all the powers and privileges of the State, even if they have that rule, most — many, many rabbis won't do that.Then Justice Breyer sharply reminded Scalia:
It's called Congress shall make no law respecting the freedom of religion.