This is among the many reasons why ratification of CEDAW (and the Equal Rights Amendment) is so important. Based on Scalia's logic, it is perfectly acceptable for governments to pass virtually any kind of discriminatory law and aggrieved populations, such as women, have no recourse to the judiciary for protection under the Constitution. These are the kind of Neanderthals who dominate the US Supreme Court. With the right wing Republican take-over of the House, Goddess help us!
NOW National Board
To help pass the Equal Rights Amendment (ERA), visit http://www.now.org/issues/constitution/index.html
And Contact your representatives at the state and federal level to advance the ERA. http://www.usa.gov/Contact/Elected.shtml