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'Homosexualist Justice Anthony Kennedy'

by Jeremy Hooper

The decidedly extreme Scott Lively has written yet another rabidly anti-gay column, this one about the Pope. You know his usual pattern: Blah, blah, blah…gays…blah, blah, blah…terrible…blah, blah, blah…I'm obsessed. It's all pretty boring, frankly.

There, is however, one thing of note: Scott Lively has taken it upon himself to determine Supreme Court Justice Anthony Kennedy is a "homosexualist"

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Which leads me to wonder if Lively and the like would be calling Justice Kennedy an "anti-homosexualist" if he had gone the other way. I mean, he has two general choices on DOMA: to go with it or against it. If they believe that his learned choice to go the route that a growing majority of Americans support makes him a "homosexualist," wouldn't his other choice have to make his anti-? Doesn't it mean that Scalia, Alito, Thomas, and Roberts must all be anti-homosexualists?

Of course that's not what would've happened. Had Kennedy gone the other way, the voices on the other side would be saying that the Reagan appointee was simply being fair. They would act as if his reasoned jurisprudence ruled the day, and they'd be gloating about the rational ruling that set back that pesky "homosexual agenda." We know that's what they'd be saying because that's the double standard they always use.

Scott Lively can't have it both ways. If Kennedy, Kagan, Sotomayor, Ginsburg, and Breyer are all "homosexualists," then he has to say that the conservative wing is decidedly anti-homosexualist. He's the one framing it that way, not me. And if that is the framework, then I'm more than confident about the future cases that will make their way to SCOTUS, a currently quite rigid body that is likely to become even less conservative over time.

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