Skip to main content

View Diary: Kansas State Senators face Backlash and plot retreat - A Report from the Capital (164 comments)

Comment Preferences

  •  Actually, we don't (2+ / 0-)
    Recommended by:
    RichAZ, kj in missouri

    know that discrimination against LGTBQ people is "unconstitutional." You would think so, but no. Discrimination by the government may be, under the equal protection clause -- the DADT and DOMA decisions give one hope. But discrimination by private entities? That would be covered, if at all, by the Civil Rights legislation (Title VII and whatever the public accommodations provision is) -- which does not include sexual orientation as a suspect criteria.

    So while I find the Kansas legislation abhorrent, let's not overreach by claiming that nondiscriminatory treatment by private actors is somehow obvious or mandated by the Constitution.

    •  Doesn't the proposed legislation apply (0+ / 0-)

      to more than just private actors? My understanding was that it also applied to state workers engaged in their jobs.

      Want a progressive global warming novel, not a right wing rant? Go to and check out New World Orders

      by eparrot on Sat Feb 15, 2014 at 01:04:20 PM PST

      [ Parent ]

      •  All state and government employees (1+ / 0-)
        Recommended by:

        From police officers to a checker at the DMV.   They cannot be required to service you, and they can't be fired for failure to do their job if they refuse to serve you on grounds of religious disagreement

        Gandhi's Seven Sins: Wealth without work; Pleasure without conscience; Knowledge without character; Commerce without morality; Science without humanity; Worship without sacrifice; Politics without principle

        by Chris Reeves on Sat Feb 15, 2014 at 01:06:11 PM PST

        [ Parent ]

    •  Recent decisions (2+ / 0-)
      Recommended by:
      agiftagain, dksbook

      in the Second, Third and Ninth Circuits, as well as the DADT and DOMA decisions, seem to be leading toward a SCOTUS ruling that sexual orientation IS a suspect class entitled to strict scrutiny. In which case, the civil rights legislation will become active. Not yet, but the day is coming.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site