Just read an interest analysis on the Opinions of Justice Kennedy and Justice Scalia on Gay Marriage, including their mutually differen views on Confucius' words regarding marriage and the nature of the state.

Take a look if you are interested in another interesting perspective of Gay Marriage: http://thediplomat.com/2015/07/confucius-on-gay-marriage/

The author of the article has some things right on this; yes Confucius was probably the most tolerant of all the ancient philosopher/religious icons, but he also had an authoritarian concept in his decision to be tolerant. The concept of individual freedom is an alien concept in Confucianism.

The basic unit of a society according to Confucius is the family, you must have males engaging in labor to provide for the household, females in the house to manage chores, children, and money, and finally children who are trained either to suceed their fathers, advance through education, or if you're a daughter sold off for the highest prices before 20 years of age.

If you are a lesbian, you will be expected to marry into another household perhaps as a cocubine and attempt to serve your husband as best you can, while fighting with the other wives or conspiring with them as their lovers (Anyone want ideas for stories give me a PM, Lesbian/Bisexual women in Chinese polygamous marriages are understood, but never written about.) . If you are a gay man, you must first have a son to inherit the lands and family name, then support him until he is of age despite being unhappy with your wife/wives. Adultery runs rampant, especially in the upper classes of Chinese society.

Confucius' philosophy, when you boil it down, is not about happiness, but about law and order, which I have to agree with Justice Kennedy's interpretation. I personally do not like the idea of living in a Confucian society, because despite tolerance, you are forced to live a life that you neither desire or chose. The precedent is antithetical to American Principles, not because it's mystical or supernaturally driven as Justice Scalia implies, but it is an absolute fact of hierarchy. Over time, this structured society can grow complacent and backwards.

As for Justice Scalia, the man really is showing his age and his lack of experience in greater exploration of legal and interpretational frameworks outside English Common Law. Confucian principle based on the old Confucian model is no longer absolute of course, but it is still practiced throughout Asia, especially in Chinese ethnic groups, who dominate areas like Singapore, parts of Malaysia, Cambodia, and Vietnam.

It's a tragedy really, Conservatives in the US are so focused on protecting what they know rather than the principles on which they live; there are far too many ignorant individuals in positions of power, who know as much of Chinese legal history as a take out menu at their local Cantonese/American fast food joints.

On a good note though, if America really is sliding to Confucian legal system, all the old conservatives, who are too stupid to maintain their positions would be purged and sent to be magistrates in farm districts