Correction: It was some Europian decision Scalia was mocking. Here is the exchange:
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Earlier in the evening, Scalia ridiculed the European Court of Human Rights’ 2000 decision striking down British legislation that bars group gay sex on the grounds that the law intruded upon private life.
He asked—rhetorically—how many individuals would have to be involved in a sex act for it to no longer qualify as “private.”
“Presumably it is some number between five and the number of people required to fill the Coliseum,” Scalia joked.
An audience member later rose to ask Scalia “whether you have any gay friends, and—if not—whether you’d like to be my friend.”
“I probably do have some gay friends,” Scalia said. “I’ve never pressed the point.”
But Scalia said his personal views on social issues have no bearing on his courtroom decisions.
“I even take the position that sexual orgies eliminate social tensions and ought to be encouraged,” Scalia said.
“But it is blindingly clear that judges have no greater capacity than the rest of us to decide what is moral.”
Of course this was taken out of context. Apparently, you can't even make a joke anymore without everyone jumping all over you.