From the Corner
Barney Frank’s Name-Calling [Ed Whelan]
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.
03/24 10:09 AMShare
Insane. How can people keep electing this guy.
Update- A little Humor here
Scalia Urges Patience with Barney Frank’s Heterophobia
by Scott Ott for ScrappleFace · 13 Comments
(2009-03-24) — After Rep. Barney Frank, D-MA, admitted he feared a Supreme Court ruling on homosexual marriage because “that homophobe Antonin Scalia has too many votes on this current Court“, the associate justice called on all Americans to “have patience with Rep. Frank as he struggles with his heterophobia.”
“Barney Frank, accustomed as he is to putting like with like, apparently fears things that are hetero…meaning different,” Mr. Scalia said. “Under our Constitution, the judicial and legislative branches are not homo — meaning the same. If the people want to create law about issues not mentioned in the Constitution, they have the power to do so through their elected representatives. The judiciary is a different branch, with different enumerated powers.”
Mr. Scalia refused to speculate about “whether Rep. Frank’s heterophobia is genetic or simply a lifestyle choice, but in either case,” he said, “it demonstrably weakens the constitution and harms society in general.”
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