04-09-2015, 08:11 PM
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#986
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A Fiddler Crab
Join Date: Jan 2007
Location: Chicago
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This is phenomenal:
http://www.slate.com/blogs/outward/2..._not_gays.html
Quote:
In a jaw-dropping amicus brief recently filed with the Supreme Court, the state’s attorney general argues for a truly originalist understanding of the 14th Amendment, insisting that the Constitution permits discrimination not just against gays, but also against women. This argument is as morally abhorrent as it is historically accurate. And South Carolina deserves some credit for having the chutzpah to raise it.
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The state wants to prove that the 14th Amendment—which guarantees “equal protection of the laws” to every “person”—was not intended to displace state marriage laws.
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According to South Carolina, the framers of the 14th Amendment explicitly preserved the rights of states to deprive married women of the ability to function independently from her husband.
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If the 14th Amendment permits discrimination against married women, it surely also allows discrimination against gay people who wish to wed.
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