On December 15, U.S. Federal Judge Dean Pregerson ruled that the line between gender and sexual orientation discrimination "does not exist." The ruling, addressing discrimination against a pair of lesbian basketball players at Pepperdine University, has the potential to put sexual orientation under the umbrella of established civil rights laws.
Last summer, the City of Seattle passed a law that will raise the city's minimum wage to $15 per hour. But in a bizarre twist, Ronald McDonald and friends are suing the city and complaining that the new minimum wage violates a constitutional provision that was written to protect newly-freed slaves after the Civil War.
The same reasoning that leads Justice Scalia to conclude that the Framers' ignorance of cell phones and the Internet doesn't resolve questions about "the freedom of speech" should also lead him to the Framers' ignorance about the nature of sexual orientation. If one is going to be an "originalist," at least one should be consistent about it.