March 25, 2009

Note To Barney Frank

Well, youÂ’ve doubled down on the accusation that Justice Antonin Scalia is a homophobe. By implication, you are accusing him of failing to render his decisions based upon the facts and the law before him, and of acting on prejudice against certain parties before the Supreme Court.

Congressman Barney Frank defended his use of the term "homophobe" to describe Antonin Scalia, the conservative Supreme Court justice who has ruled in favor of limiting legal protections for gays.

"What a 'homophobe' means is someone who has prejudice about gay people," Frank told WBZ radio, arguing that Scalia's judicial writing "makes it very clear that he's angry, frankly, about the existence of gay people."

In particular, Frank cited Scalia's opinion in the 2003 case Lawrence v. Texas, in which the Supreme Court struck down state laws barring consensual acts of sodomy. In his dissent, Scalia wrote that the 6-3 vote served to ratify an "agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct."

"If you read his opinion, he thinks it's a good idea for two consenting adults who happen to be gay to be locked up because he is so disapproving of gay people," Frank said yesterday.

Congressman Franks, what you have just done is accuse Justice Scalia of an impeachable offense. If you truly believe this to be the case – that he is deciding cases based upon his personal animus rather than the facts and the law – then you have an obligation to act pursuant to the US Constitution and introduce a resolution seeking his impeachment. Anything less is a dereliction of your duty and a violation of your oath to uphold the Constitution. If you do not believe this to be the case, then you have a moral obligation to offer Justice Scalia a public apology for this scurrilous charge you have made against him. The choice is yours, sir.

Posted by: Greg at 01:59 PM | No Comments | Add Comment
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