That's the argument Barney Frank made to call Justice Antonin Scalia a homophobe.
The Democratic lawmaker, who is gay, 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.
"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," said Frank...
Scalia dissented from the Court's ruling in 2003 that struck down state laws banning consensual sodomy. He has complained about judges, rather than elected officials, deciding questions of morality about which the Constitution is silent.
Controversial topics like gay rights and abortion should not be in the hands of judges, he has said, calling on people to persuade their legislatures or amend the Constitution.
Emphasis mine.
Like a lot of liberals, Frank is happy when five justices make decisions he agrees with, but unhappy when five justices do not. The Founding Fathers created the constitutional amendment system to ensure that changes to our government were acceptable to most people. Unlike those who agree with judicial fiat, strict constructionists understand that altering law at whim hurts all Americans.
UPDATE: Ann Althouse takes apart Frank's "analysis."
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