Tuesday, March 24, 2009

"... that homophobe Antonin Scalia"

Rep. Barney Frank made this statement in a recent interview about gay marriage. I'm sure he's coming under fire for saying this, but when you read Scalia's U.S. Supreme Court opinions regarding gay rights the vitriol Scalia spews is tangible - so one has to wonder if he is indeed homophobic.

For example, from Lawrence v. Texas (a favorite argument by opponents to gay rights/marriage is this "slippery slope" argument - e.g., if you allow gay marriage that means you have to allow people to marry relatives, numerous wives and/or the family dog):

Countless judicial decisions and legislative enactments have relied on the ancient proposition that a governing majority's belief that certain sexual behavior is “immoral and unacceptable” constitutes a rational basis for regulation.

He then reiterates - twice! - the "slippery slope" argument:

State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers' validation of laws based on moral choices. Every single one of these laws is called into question by today's decision.

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The Texas statute undeniably seeks to further the belief of its citizens that certain forms of sexual behavior are “immoral and unacceptable,” Bowers, supra, - the same interest furthered by criminal laws against fornication, bigamy, adultery, adult incest, bestiality, and obscenity. Bowers held that this was a legitimate state interest.

By the way: state laws against masturbation, adultery, fornication?? Where are these states? I think he's bullshitting. These used to be criminalized but every state I know of (save Utah) must have gotten these laws off the books.

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