Former Congressman from Massachusetts Barney Frank has called one of the most conservative justices to ever sit on the Supreme Court, Antonin Scalia, a homophobe. He said so due to Justice Scalia’s dissent in the Supreme Court decision released last week that Gay marriage is a Constitutional right.
Mr. Frank is himself a homosexual and was the first openly gay member of the U.S. Congress. He made the comments in an editorial published in Politico.
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Scalia wrote a scathing dissent from the Court’s decision on Gay marriage in which he claimed that his opposition was based on the law and not any personal feelings about gays. But this contradicted Justice Scalia’s previous public statements on the issue which were somewhat hostile, to say the least.
Frank wrote, “Apparently, Justice Scalia has come to realize that since public opinion in America has moved away from anti-LGBT prejudice, heavily salting his writings with a personal distaste for the idea that we should enjoy the same rights as our heterosexual brothers and sisters weakens the appeal of his legal reasoning. So in an unexplained abandonment of his vigorously anti-LGBT prior stance, Justice Scalia asks that his pronouncement that the Court’s opinion calls our democracy into question be judged not on the substantive issue, but as an expression of his view that “allow[ing] the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.”
Whatever Justice Scalia’s personal or professional opinions may be, the Court’s ruling is irreversible. No matter who is appointed to the court in the future, there is no going back on Gay marriage.
You can read Mr. Frank’s full editorial here.