Subscribe to Breaking NewsRuby-Sachs: Scalia the homophobe and Barney Frank the hero
Barney Frank has called one of the most senior justices of the Supreme Court a homophobe on 365gay News. Justice Scalia is the core of the right wing of the court, a staunch supporter of limited constitutional protections and traditional interpretations of constitutional language and, as Frank contends, a homophobe.
Well, we can’t say for sure that Scalia wouldn’t sit down for dinner with a homosexual, or have a pleasant conversation about the various sock colors that match his robe.
But we can be sure that he does not support protecting gay rights and certainly feels that gay sex is a pretty immoral thing to do.
He also, by the way, doesn’t feel that abortion is protected by the Constitution, nor does he feel that killing kids who commit crimes is “cruel and unusual punishment.”
The sad part of this story is that Scalia is not going anywhere anytime soon.
During the election I wrote that court appointments may be the single most important issue of the next four years. Ginsburg is suffering from an aggressive cancer and Stevens is 88 years old and likely to choose to retire under a Democratic President.
But replacing those two Justices will merely keep the balance of the court as it is now: four “left,” four right and one sitting in the middle (keeping in mind that left wing for a Supreme Court Justice is not the same as, say, my brand of progressive politics).
We need to dump Scalia. If Obama has a chance to replace the next two oldest judges – Scalia or Kennedy – the balance would be tipped and the three baby conservatives – Thomas, Alito and Roberts -would be on their own.
Until then, we should keep dissenting.
America is a different country than Scalia thinks it is. It’s not a place interested in a dead Constitution that protects no one not contemplated by the founders. It is a country with a Black President, a female Secretary of State and a very public and close battle over what rights and freedoms sodomites deserve.
We must remind him he is wrong everyday until we finally get rid of him.
I’m tired of those of us who are “straight” being called homophobes. It’s not a phobia. It is a belief/opinion that we are just as entitled to as gays are to theirs. I believe the Creator made males and females with different physical and mental characteristics for reasons fundamental to Him/Her. Homosexuality is an aberration to that. I don’t believe in abusing or discriminating against “gays”, but I don’t have to accept or “bless” the lifestyle, either.
Unfortunately, he’ll hang on until he drops. No way will he retire as long as a Democrat is in the White House with a substantial majority in the Senate.
Xavier, I think you confused 365Gay and Bear411. You don’t spend time enough time on a gay site that you comment, unless you have some interest in things gay. Now run along, leave the adults to their conversation, and go find yourself a trick. You could also go where your kind go–truck stop, service plaza, behind the strip mall…but the important thing is that you go take care of that instead of entering a conversation where you have nothing to contribute.
Anyway. Impeachment? No way, even with this Congress. Scalia would have to spend the next two years making Cheney look like Dennis Kucinich. Change the number of justices? It would have to be an odd number, so either you add two seats or you drop two. And if this were done now, it could also be used in a future ultra-conservative administration. I’m leery of changing the status quo on this.
Doug, come on man, people “change”, even gay people. My gosh, so does str8s (Sen. Schumer now supports gay marriage!). Have a lil peace for ole Barney. Some may not like him, but he’s one of the biggest voices we have.
FYI, I was one part of couple # “69″ (that was really our # that day, lol) who married on Feb. 16, 2004 in SF. We were the 1st couple from AL to be wed. FYI, Gavin is MY hero, FWIW.
Barney Frank a hero? I don’t think so. Remember when Mayor Newsome of San Francisco began allowing same sex marriages? Barney Frank called the parade of marriages in San Francisco a “spectacle” and the mayor’s decision to grant licenses “a well-intentioned mistake.” Congressman Frank, I will always remember your opposition to Gavin’s actions. I would not be legally married at this time if it were not for Gavin’s actions at the time.
Xavier, your ignorance of reality shines! Open your eyes – gays are NOT the ones who are hating. Do you think that women and blacks who were repressed were hateful for standing up in what they believe, and what their constitution protects them on, yet was previously never enforced to give them their just rights?
Give us a break!
What a sad day in America when gays “judge” a “judge” as being “not good” just because he doesnt believe in the same things you believe in and practice. Gays have a rights, just like non-gays. But to suggest that Scalia is not a good just just because you dont agree with his views is just wrong.
That is so hypocritical of you! This hatred of gays of non-gays and visa versa has to come to an end. This planet is big enough for all of us!
Xavier
A Supreme Court Justice CAN be impeached, yes/no?
I don’t think it’s ever happened.
Scalia, in numerous public forums, has made plain his beliefs on any number of issues that may come before the Court. He COULD recuse himself, and SHOULD, but I’m not sure that anyone but the other Justices can force him to do so.
The Court is NOT always honorable, timely, OR correct.
African-Americans had to wait a hundred years after Lincoln freed the slaves for Brown v. Board of Education; women waited even longer for Roe v. Wade; WE waited even LONGER for Lawrence et al. v. Texas to overturn Bowers v. Hardwick.
OTOH, some writers hold that the Court is a necessary buffer / brake on “precipitous” actions and social changes. I can’t think of an instance in which I agree. Maybe others can.
I doubt Scalia could be convinced to resign, even for the Post of Ambassador to the Unholy See, though court watchers report that he is increasingly isolated, frustrated, and choleric over his inability to drag the Court to the right of Attila the Hun.
drewski, I’m sure you are aware of this, but any Federal official can be removed through the impeachment process.
“The Constitution provides that Justices “shall hold their Offices during good Behavior” (unless appointed during a Senate recess). The term “good behavior” is interpreted to mean that the Justices may serve for the remainder of their lives, although this is not compulsory as they may resign or retire voluntarily. A Justice may also be removed by impeachment and conviction by congressional vote.”
Now, what is even more interesting:
“But the method most frequently employed to bring the court to heel has been increasing or decreasing its membership. The size of the Supreme Court is not fixed by the Constitution. It is determined by Congress.
If the current five-man majority persists in thumbing its nose at popular values, the election of a Democratic president and Congress could provide a corrective. It requires only a majority vote in both houses to add a justice or two. Chief Justice John Roberts and his conservative colleagues might do well to bear in mind that the roll call of presidents who have used this option includes not just Roosevelt but also Adams, Jefferson, Jackson, Lincoln and Grant.”
As a gay Italian-American I am totally ashamed of this ignorant man who belonged on Mussolini’s staff, not in this current millenium.
Scalia won’t leave unless he has something better to do, or unless the Pope wills it. (Hmmm…start calling your diocese to find out when Scalia will be the US Ambassador to the Vatican.) I guess my concern stems from Obama’s evident lack of willingness to act on his agenda and for his country. Forget consensus–the GOP wants Obama to fail, and if that means the country fails, they’re cool with that. That’s not an environment for “bipartisanship” and “compromise,” it’s nihilism. I am afraid that, just as Obama has allowed vested interests to loot the US Treasury, so he will also allow new Supreme Court justices who are bigoted. The man has a piss-poor connection between his pretty words and his complete inaction on gay civil rights.
But you’re right, Emma, in saying that Scalia needs to be called out for what he is. He’s a bully and a bigot. I do believe it was Justice Scalia who was scheduled to speak at the Cleveland City Club–which broadcasts these speeches–and demanded that NO recording devices be allowed. They acquiesced. Now, who the HELL does a US Supreme Court Justice think he is to say when a speech in an OPEN forum will or will not be recorded? Is he channelling Mussolini? He makes speeches where he expounds on how gays have no legal rights and goes into some very opinionated territory. Protest at his meanness does no good–ony encourages him. So is that closer to your point, Emma–that Scalia’s blatant bigotry renders him unfit for the bench?
How about Barney Frank and Charles Schumer, the heterophobes? I really do so tire of Frank’s and Schumer’s bombastic, passive-aggressive behavior. When are these LGBT cowards going to stand behind empirical data that supports their position? All it takes is replicable data, preferrably by MRI polygraph.
drewski – it’s just a turn of phrase. Obviously, as evident in the rest of the post, I understand that Scalia has to retire to be replaced.
“Get rid of” Justice Scalia? How? Supreme Court justices aren’t elected, can’t be fired or recalled, and stay on the bench for as long as they see fit. Scalia is a troglodyte, sure, but Emma, he’s not a poison oyster you just slide off the half-shell. So what are you talking about?
“America is a different country than Scalia thinks it is. It’s not a place interested in a dead Constitution that protects no one contemplated by the founders. It is a country with a Black President, a female Secretary of State and a very public and close battle over what rights and freedoms sodomites deserve.”
Spot on, he has lost touch with the pulse of our nation.