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Yesterday, law student Eric Berndt had the guts to walk up to a microphone at a public symposium and ask Judge Antonin Scalia, “Do you sodomize your wife?”
The audience was shocked, the mike was shut off, and a lot of right wing bloggers pulled out their knives and went to work.
Justice Scalia said the question was unworthy of the forum. Except that Berdnt had asked the perfect question, after Lawrence v. Texas: Justice Scalia argued in his response that the legal interests of the United States include the private actions of all citizens, heterosexual as well as homosexual. Justice Scalia believes, after Bork, that merely knowing that other people are permitted, in the privacy of their own bedrooms, to commit acts labeled sinful by some group, grants that group to assert that their public moral gratification is more important than your private sexual gratification and, in the balance, gives the U.S. the right to peer into everyone’s bedroom.
If Justice Scalia has a worthwhile interest in what Eric Berndt does, Eric has every right to ask Justice Scalia for the same information. The question is the inevitable outcome of the Justice’s own views.