Barney Frank Explains Why He Called Justice Scalia A “Homophobe”

Hi Barney!
Hi Barney!

Rep. Frank Calls Justice Scalia a ‘Homophobe’
The Massachusetts Democrat told a gay online news agency that he hoped the Supreme Court won’t ever get to hear a challenge to the Defense of Marriage Act while Justice Scalia is on the bench.
By Lee Ross

Masscahusetts Rep. Barney Frank called Supreme Court Justice Antonin Scalia a “homophobe” in an interview released Monday on a gay online news site, and said he hoped a challenge to a federal law widely disliked in the gay community will not be heard before the high court until new justices are seated on the bench.
Frank, who is gay, made the remark in responding to a question about legal challenges to the Defense of Marriage Act. The 1996 law says the federal government and states have no obligation to recognize same-sex marriages even if other states allow them.
“At some point, [the Defense of Marriage Act] is going to have to go to the United States Supreme Court,” the congressman, a Democrat, said. “I wouldn’t want it to go to the United States Supreme Court now because that homophobe Antonin Scalia has got too many votes on this current court.”
Last month a controversial judge on the 9th Circuit Court of Appeals declared the 12-year-old law unconstitutional. That’s the second time a judge from the notably liberal court has made such a ruling.
But both rulings were administrative in nature and offered no precedent, thus making it unlikely they would be appealed to the Supreme Court. Nonetheless, a judicial marker has been set that has clearly drawn the interest of the gay community.
Scalia is no stranger to personal attacks and is a favorite target for gays because of his dissent in a 2003 case that overturned the nation’s consensual sodomy laws.
In that case Scalia held the majority’s ruling represented “a massive disruption of the current social order.”
He went on to conclude that “the Texas statute undeniably seeks to further the belief of its citizens that certain forms of sexual behavior are immoral and unacceptable, the same interest furthered by criminal laws against fornication, bigamy, adultery, adult incest, bestiality and obscenity.”
A representative for Scalia was not immediately available for comment.

Frank explains why he called Scalia a homophobe
March 25, 2009 (Boston
WASHINGTON – Representative Barney Frank yesterday defended his use of the term “homophobe” to describe Antonin Scalia, the conservative Supreme Court justice who has ruled in favor of limiting legal protections for gays.
“What a ‘homophobe’ means is someone who has prejudice about gay people,” Frank told WBZ radio, arguing that Scalia’s judicial writing “makes it very clear that he’s angry, frankly, about the existence of gay people.”
A Supreme Court spokesperson did not respond to a request for comment from Scalia.
In particular, Frank cited Scalia’s opinion in the 2003 case in which the Supreme Court struck down state laws barring consensual acts of sodomy.
In his dissent, Scalia wrote that the 6-to-3 vote served to ratify an “agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”
Explaining the characterization of Scalia he made in an interview with a gay news website, Frank argued that Justice Clarence Thomas, who joined Scalia’s dissent, had a “very reasonable” opposition to the ruling. “While I support same-sex marriage, I don’t think if you’re against it you’re homophobic,” Frank said on WBZ. “I don’t think Clarence Thomas is homophobic.”


Ms. California v. Perez Hilton


P. Hilton is quite a unique guy. He acts like a girl, whines like a baby, and makes a career of judging other people’s success. I guess it is apparent why he would be selected to judge Miss America, he knows nothing else but hating, ridiculing, and worshiping others. A natural hater.

Since when is a beauty pageant contestant asked a question that is more difficult than one we ask the President? If a flamboyantly gay mess like Hilton spat that out at Obama, he’d never be heard from again.

Further, “The Question” as it is now called was asked as a personal opinion. Carrie Prejean, Miss California, a religious conservative, answered with what had been instilled in her heart by her religious teachings. And, be it right or wrong to you, she answered the question that was asked with more honesty than most of us could likely muster. If you wanted a policy answer, “the Question” should have been, “Do you think Government should prevent gay couples from getting married?” This would allow Prejean to be a Pro and separate her personal feelings from what should be made legal or illegal. An opinion was requested and an opinion you got. It was delivered politely and without any intent to cause offense to anyone. (Note: Prejean’s opinion is perfectly in line with that of most of her state who voted to ban gay marriage – Prop 8) So why is it such a surprise, you hack? Stop chasing Britney Spears and do something on your own for a change. The question was unfairly provocative and inconsistent with the aim of the pageant.

Now P. Hilton can add something he has actually DONE to his resume. He has ruined the reputation of a harmless and positive organization for years to come by his self-indulgent nonsense. Oh, and he cost Prejean the crown, which is actually the best part because the controversy has made her an overnight sensation and a bigger celebrity than Hilton will ever even come close to being.


Ex parte McCardle. My Kind of parte…

There is a war (isn’t there always?) This one is okay though because it’s civil. They even called it the Civil War! McCardle was a Mississippi newspaper editor with some naughty things to say about the government and the silliness of the Civil War. He was taken into military custody for libel and for publishing incendiary articles. He habeas corpused. The Circuit Court say “No!”. But the Super Duper Court said ‘Yes! Sure, in fact…” (you understand that this is not a true citation right. OK. Let’s move ahead.)

This parte gets nuts when, after arguments were heard, Congress passed a law revoking the jurisdiction of the Supreme Court to hear cases that happened to be the one about to be decided on concerning the guy who said a lot of nasty stuff about you and doesn’t deserve a chance to appeal especially to the SC, I mean who does this jerk think he is, first he slam our country then seeks refuge in it? Seems like a lot of libs these days, actually…

So, in a completely coincidental disaster for McCardle, his appeal was mooted.

Lesson: Don’t f*#k with Congress. They can adjust jurisdiction and get you so long as it does not directly butt heads with the Con Con (stitution).

Heck of a parte…


The Erie Doctrine – “We Choose the Law. Toughum Shittum.”


Erie is eerie. (had to do it). In the most influential of all Supreme Court rulings, with regard to power and Constitutional interpretation. 10th Amendment. I like this one. Most of us have forgotten the whole “if we didn’t sat you could do it then you can friggin’ do it.” amendment. The framers put this in here at bookend number 10 for a reason. So we could have a lot of freedom and fewer regulation. Especially from those pesky courts and annoying lawyeerses.

Ah, so Erie. Erie Railroad v. Tompkins. Why there is no movie is beyond me. Man walks down dingy, gritty road in nowhere Pennsylvania. Man sees train approaching. No friggin’ biggie. Alas! The door of one of the cars is open and it knockethed his arm off. Yeah. Trains go fast.

So negligence action is put into motion. Loco-motion. Here’s where we get silly. In Federal Court, Mr. Half-the-man-I-used-to-be is a trespasser and would be denied any recovery unless there was wanton misconduct. Under Penn. law, he would be a licensee and would only have to show negligent negligence, the kind we all know and love. Garden variety.

You can guess which side wanted which court… Well, law said that since Armless Tompkins was a Pennsylvanian and Erie was a New York company, diversity was in order and federal court was the proper venue. Tompkins was sad. He recovered nada. He also failed to grow back his arm.

Appeals galore ensued until the freakin’ Supreme Court granted certiorari. It is great to be granted certiorari. It is also the hardest word to spell. I digress.

Certiorari is the permission to talk to the big guys and gals about your case and why it was decided wrongly. After hearing the arguments, the Supreme Court created what was and will forever be known as th Erie Doctrine which stipulates that, even though diversity applied and the federal court had jurisdiction, they are obligated under law to take into account local law when presiding over such a case where it would directly affect the outcome.

Tompkins won in the end. Great story. I hear that, with all the money he won, he is now a Rap Mogul producing such acts as: Dedos non-entiros, and Nuclear Arms (minus one).


NakedEric Interviews HURT (get the new album. now.)

HURT is so good it, HURTS. The new album, Say Goodbye to the Machine is an opus recorded in “old-school” format. No digital. It worked. The album rips and HURT is prepping to become the next big thing as they have honed their sound to a perfect combination of Alice in Chains, Seether, and classic country artistes like Hank Williams and Johnny Cash.

NakedEric interviewed the band. Thank you for the questions, readers. Keep ’em coming and the answers will keep hitting you back. Go get the album and go see their show. First, though, read this. Enjoy…

NakedEric: Share with us some stories from the road or touring in general.

Jay: I put my foot on the monitor that said “no feet”, fell off the stage (8 feet), broke both of my ankles. Yes I am literate. It was at Pierre’s in Four Point, Indiana.
I walked into the crowd and a gentleman was so excited that I was there with him, right besides him that he punched me with all his strength in my right lam as I was singing ten ton brick. Thanks for the wake up man!

Paul: I got locked out of a festival in Idaho; I had to jump over the fence to get back in.

Jay: We sat in a hallway during the whole day in a venue, not knowing that we had a fully stocked dressing room with sodas and food (Chicago) we only realized it when we left.
I ripped my pants with no underwear in front on 30000 people. A third hand would have been convenient since I was playing the violin.

NE: Would each of you tell us what’s in your iPod right now?

LOUIE: Prince – purple rain
JAY: Britney Spears: hit me one more time
PAUL: all grunge bands, Pearl Jam, Alice in Chains
RICK: Stone Temple Pilots, Core

NE: What inspires you?

PAUL: We don’t look for inspiration, it shows up.
JAY: I don’t look at all. I don’t listen to any new music and I have so much music to write. We have plenty of material, anything, any phrase, emotions inspire me.

NE: Would you tell us a bit about the songs on the new album and how it was created?

Jay: On this particular album, the entire band wrote songs. Some songs were written in integrity all together. We also work independent of each other to put the songs together. Yes we know each other that well… Complexity or simplicity was not even a consideration, we just made the best damn songs that we could.

NE: Where do you like to play shows? Best crowds?

Jay: Indianapolis. There are lot of places and a lot of great folks. The reason why I picked Indi is because they were the first to really support us.

NE: Who is each of your hero?

Jay: Sammy Kershaw, and numerous country writers who don’t write the obvious chorus. I endeavor to use this technique frequently.
Rick: I personally like the way Radiohead write now, and the band Doves
Paul: Greg Dully
Jay: Chris Cornell

NE: Which musicians, not living, do you aim to emulate?

Louie: Bob Dylan, Johnny Cash,
Paul: John Lennon
Jay: Johnny Cash, and Roy Orbison
Rick: Hank senior