Homosexual vs. gay

[Mark Tushnet]

FWIW, I reproduce a passage from "A Court Divided":

One sentence of his opinion [in Lawrence] was widely quoted in a 
truncated, and misleading, form.  The sentence began, “Let me be clear 
that I have nothing against homosexuals,” which was quoted as showing 
that he was personally tolerant.  The full sentence, though, was, “I 
have nothing against homosexuals, or any other group, promoting their 
agenda through normal democratic means.”  *Homosexuals* wasn’t the 
object of the phrase “nothing against homosexuals”; it was the subject 
of the phrase *homosexuals .  .  . promoting their agenda.*  Scalia 
didn’t see his job as fighting in the culture war, but there was no 
doubt on which side he would fight.

Scott Gerber wrote:

>I agree with Matt Franck that we need to be careful in making judgments 
>about the justices' "souls."  I'm not sure whether Justice Scalia 
>"disapproves" of gay conduct or not.  I think the most we can say on 
>this list is that he believes the Constitution doesn't protect it.  
>(FYI, as a libertarian, I think he's wrong.)
>
>Scott Gerber
>Law College
>Ohio Northern University  
>
>
>Mark Graber wrote:
>
>
>  
>
>>There are, of course, numerous explanations for word choices, but surely
>>Professor Pinello's findings are interesting, even as we dispute their
>>significance.  We might debate the term "homophobe" but the language
>>choices do seem to suggest that Scalia is more disapproving of gay
>>conduct than either Thomas or Rehnquist.
>>
>>Mark A. Graber
>>    
>>
>
>--------------------------------------
>
>Scott Gerber
>Law College
>Ohio Northern University
>Ada, OH 45810
>419-772-2219
>http://www.law.onu.edu/faculty/gerber/
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