Methinks the
homophiles are
protesting too much by
resolving to ignore the obvious charitable reading of
Justice Scalia’s insistence on submitting law to moral scrutiny. Consider that their most compelling current jurisprudence calls for equal protection of homosexuals as distinguished by immutable characteristics of their sexual preferences. Suppose that tomorrow, psychiatrists declare the preferences of coprophagia, apotemnophilia, or kleptomania to be equally immutable. Would it be reasonable to demand that restaurants served excrements on par with conventional nutrients; that surgeons be compelled to amputate healthy limbs on their owners’ demand; or that bankers and shopkeepers surrendered their stock to anyone organically beholden to the advantages of theft over honest toil? Might it not make more sense to submit equal protection to moral judgments? Anyone who thinks this far-fetched is welcome to contemplate the immutability of schizophrenia as grounds for mandating equal treatment for its patients.