WHY DID BARNEY FRANK CALL JUSTICE SCALIA A HOMOPHOBE

During a video taped interview with 365gay.com (see full interview below), openly gay Representative Barney Frank referred to Justice Antonin Scalia as "that homophobe" in response to a question about the Defense Of Marriage Act (DOMA).

Frank was discussing gay marriage and his expectation that the high court would some day be called upon to decide whether the Constitution allows the federal government to deny recognition to same-sex marriages. He commented, "I wouldn't want it to go to the United States Supreme Court now because that homophobe Antonin Scalia has too many votes on this current court.

In his posting at The Hill's Congress Blog, Frank said:

"While responding to questions from journalists about my characterization of Justice Antonin Scalia as a homophobe, I realized that the fact that I made that comment in conjunction with a potential lawsuit about the Defense of Marriage Act created some confusion as to my basis for that characterization.

My view that Justice Scalia is prejudiced against gay, lesbian, bisexual and transgender people is based, not on his position on marriage, but entirely on the angry minority opinions he wrote in two Supreme Court cases in which the majority held that gay and lesbian people had certain rights against discrimination regarding private consensual sex and political activity. In those two virulent dissents, Justice Scalia denounced the court majorities not simply for finding that it was unconstitutional to discriminate based on sexual orientation in cases involving political rights and the right to private consensual sex, but he also made it clear that in his view sex discrimination is not only permitted by the Constitution but is very much in society’s interest because homosexuality deserves to be treated with not only disapproval, but legal disability.

This comes out most clearly in his very vigorous abjection to the court’s decision to block a criminal prosecution against two men who had consensual sex in the privacy of their bedroom. And it is made very vivid in the passage in which he affirms society’s right to treat homosexuals unequally by citing other categories which deserves such treatment — beginning with murder."

The actual written, astoundingly homophobic, comments made by Scalia in those cases is, to say the least, very disturbing. You can read the full text of Scalia's opinions at the Congress Blog. They're at the end of Barney's comments.

If this man (and I use that term very loosely) doesn't recuse himself from future cases involving any GLBT issue, there is something fundamentally wrong with our Supreme Court Structure.

Below is Barney Frank's full interview with 365gay.com.