In a blistering rebuke of the Supreme Court decision to  overturn the Defense of Marriage Act, Justice Antonin Scalia said the  self-governing power of the people has been eroded.
"Today's opinion  aggrandizes the power of the court to pronounce the law," Scalia wrote in the  dissenting opinion. It will have the predictable consequence of diminishing the  "power of our people to govern themselves," wrote Scalia, who was joined in his  dissent by Justices Clarence Thomas and Chief Justice John Roberts, while  Justice Samuel Alito wrote a separate dissenting opinion.
 Scalia  described the "assertion of judicial supremacy over the people’s representatives  in Congress and the executive" as "jaw-dropping."
"It envisions a Supreme Court standing (or rather enthroned) at the apex of  government, empowered to decide all constitutional questions, always and  everywhere 'primary' in its role," said Scalia. "This image of the court would  have been unrecognizable to those who wrote and ratified our national  charter."
 Scalia had particular disdain for fellow Justice Anthony  Kennedy's ruling in the 5-4 case, saying it opened the door for a federal law  allowing same-sex marriages. 
“It takes real cheek for today’s majority  to assure us, as it is going out the door, that a constitutional requirement to  give formal recognition to same-sex marriage is not at issue here — when what  has preceded that assurance is a lecture on how superior the majority’s moral  judgment in favor of same-sex marriage is to the Congress’s hateful moral  judgment against it,” he wrote.
 In another section of his ruling, Scalia  said, "To defend traditional marriage is not to condemn, demean, or humiliate  those who would prefer other arrangements, any more than to defend the  Constitution of the United States is to condemn, demean, or humiliate other  constitutions. To hurl such accusations so casually demeans this  institution.
 "In the majority’s judgment, any resistance to its holding  is beyond the pale of reasoned disagreement. To question its high-handed  invalidation of a presumptively valid statute is to act (the majority is sure)  with the purpose to 'disparage,' 'injure,' 'degrade,' 'demean,' and 'humiliate'  our fellow human beings, our fellow citizens, who are homosexual. All that,  simply for supporting an Act that did no more than codify an aspect of marriage  that had been unquestioned in our society for most of its existence — indeed,  had been unquestioned in virtually all societies for virtually all of human  history."
 The court’s decision takes issue especially with Section 3 of  DOMA, which defined marriage on a federal basis as "only a legal union between  one man and one woman as husband and wife" and the word "spouse" referring "only  to a person of the opposite sex who is a husband or a wife."
 "DOMA  rejects this long-established precept" of states themselves determining the  definition of marriage, said the court’s the majority opinion, written by Kennedy. 
 However, the court’s action goes well beyond merely rejecting a federal  definition of marriage, Scalia says.
 "By formally declaring anyone  opposed to same-sex marriage an enemy of human decency, the majority arms well  every challenger to a state law restricting marriage to its traditional  definition.  Henceforth those challengers will lead with this court’s  declaration that there is 'no legitimate purpose' served by such a law, and will  claim that the traditional definition has the purpose and effect to disparage  and to injure the 'personhood and dignity' of same-sex couples.
 "The  result will be a judicial distortion of our society's debate over marriage — a  debate that can seem in need of our clumsy 'help' only to a member of this  institution," said the 77-year-old justice.
The decision, he wrote, was not clear cut. 
 "Some will rejoice in  today’s decision, and some will despair at it; that is the nature of a  controversy that matters so much to so many. But the Court has cheated both  sides, robbing the winners of an honest victory, and the losers of the peace  that comes from a fair defeat. We owed both of them better."