Barney Frank’s attack on Justice Scalia as a “homophobe” is inane at several levels:
First, the term “homophobe” is an ugly epithet designed to stigmatize (“he’s the sicko”) those who don’t embrace the homosexual agenda. It’s intended to cut off serious discussion, not to promote it. It doesn’t belong in public discourse.
Second, Frank uses his epithet in the course of expressing his concern that a Supreme Court that includes Scalia might not strike down the federal Defense of Marriage Act. The Defense of Marriage Act was approved by overwhelming majorities in each House of Congress (85-14 in the Senate, 342-67 in the House) in 1996 and signed into law by President Clinton. Senators in favor of DOMA included Biden, Bradley, Daschle, Kohl, Leahy, Levin, Lieberman, Mikulski, Murray, Reid, Sarbanes, and Wellstone. Millions and millions of voters in state after state have acted to preserve traditional marriage. Does Frank regard all these Americans as “homophobes”?
Third, Scalia’s position is clear: The Constitution does not address the matter of same-sex marriage. Therefore, the political processes are free to decide whether or not to adopt it. He, as a justice, will defer to the political processes, whatever the result. In other words, on this matter as on so many more, Scalia will not indulge his own policy preferences (whatever they are) and will not write those preferences into the Constitution. Frank wants liberal activist justices who will indulge his and the Left’s own policy preferences on homosexual matters (and so much more). That’s his real beef with Scalia, and he’s masquerading it under the “homophobe” label.
I’ll leave to others whether Frank’s name-calling is a tactic designed to distract attention from his role in causing the ongoing financial crisis.
Wednesday, March 25, 2009
And I Thought They Were Against Accusing Others Of Having Wicked Psychosexual Disorders
Guess it was just projection. Barney Frank plays the "homophobe" card against Antonin Scalia. Ed Whelan comments: