Barney Frank: Justice Scalia "makes it very clear that he's angry, frankly, about the existence of gay people."

"If you read his opinion [in Lawrence v. Texas], he thinks it's a good idea for two consenting adults who happen to be gay to be locked up because he is so disapproving of gay people."

Well, Barney, I have read that opinion many times, and I know that you are either lying about having read it, lying about what Scalia wrote, or an embarrassingly incompetent reader. Here is the key passage:

Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means. Social perceptions of sexual and other morality change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best. That homosexuals have achieved some success in that enterprise is attested to by the fact that Texas is one of the few remaining States that criminalize private, consensual homosexual acts. But persuading one’s fellow citizens is one thing, and imposing one’s views in absence of democratic majority will is something else. I would no more require a State to criminalize homosexual acts–or, for that matter, display any moral disapprobation of them–than I would forbid it to do so. What Texas has chosen to do is well within the range of traditional democratic action, and its hand should not be stayed through the invention of a brand-new “constitutional right” by a Court that is impatient of democratic change. It is indeed true that “later generations can see that laws once thought necessary and proper in fact serve only to oppress,”... and when that happens, later generations can repeal those laws. But it is the premise of our system that those judgments are to be made by the people, and not imposed by a governing caste that knows best.

That's plain old deference to the democratic process and a resistance to creative interpretation of constitutional text. There is nothing — absolutely nothing — to support the proposition that Scalia thinks it's a good idea to lock up gay people. It's the usual notion that judges shouldn't be basing their decisions on whether they think a statute is a good idea or not. It's the same point made by Justice Thomas (who, Frank says, is not a homophobe):

I write separately to note that the law before the Court today “is … uncommonly silly.” Griswold v. Connecticut, 381 U.S. 479, 527 (1965) (Stewart, J., dissenting). If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources.

Notwithstanding this, I recognize that as a member of this Court I am not empowered to help petitioners and others similarly situated. My duty, rather, is to “decide cases ‘agreeably to the Constitution and laws of the United States.’ ” And, just like Justice Stewart, I “can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy,” ibid., or as the Court terms it today, the “liberty of the person both in its spatial and more transcendent dimensions,” ante, at 1.