Why did Antonin Scalia criticize the Supreme Court’s same-sex marriage decision in Obergefell v. Hodges?

Antonin Scalia criticized the Supreme Court’s decision in Obergefell v. Hodges (2015) primarily because he viewed the majority’s ruling as a "threat to American democracy."1

As a staunch proponent of originalism and textualism, Scalia believed that judges should not usurp the power of elected legislatures by creating new laws or recognizing rights not explicitly mentioned in the Constitution. He maintained that issues not covered by constitutional constraints should be left to democratic deliberation or the formal amendment process rather than being decided by the judiciary.2

Consistent with his broader judicial philosophy, Scalia argued that the Constitution afforded no protections based on sexual orientation. By establishing a constitutional right to same-sex marriage, he believed the Court had improperly removed a significant policy matter from the consideration of voters and their representatives, thereby undermining the democratic process.21