Scalia's basic argument can be stated this way: If laws against homosexual conduct are unconstitutional because they are rooted in moral disapproval, then by logical extension moral disapproval is an inadequate basis for any law, even one forbidding something as heinous as murder. Reduced to the absurd, the argument that moral disapproval is not sufficient grounds for a law means that there can't be laws against homicide. It's a logical, if abstract and not terribly helpful, line of inquiry.
But the reality — and perhaps this is what so dismayed [Duncan] Hosie — is that the Scalia opinions in question bristle with hostility toward homosexuality and homosexuals. No, Scalia didn't say in his 1996 opinion that "homosexual conduct" was "reprehensible," but his sympathy for those who hold that belief was palpable. (In the same opinion, he referred to "the disproportionate political power of homosexuals.") In his dissent in the 2003 sodomy case, he accused the majority of embracing "the so-called homosexual agenda."
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