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View Diary: On Constitutional Interpretation: Originalism v. A Living Constitution? (286 comments)

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  •  You are incorrect (none)
    The 14th Amendment, as interpreted by the Supreme Court, prohibits gender discrimination.

    A different scruitny was even created for the purpose, intermediate scrutiny.

    The SCOTUS is Extraordinary.

    by Armando on Sat Jul 23, 2005 at 12:39:01 PM PDT

    [ Parent ]

    •  Armando is correct (none)
      14th Amendment Section 1

      All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

      The text is gender neutral. Hence Scalia's contorted view as reported in the main post. Would we need the 19th amendment today to determine that women cannot constitutionally be denied the right to vote- no. We only get discriminated against in the application of the 14th amendment in determining the constitutionality of laws which discriminate based upon gender. Do we need an ERA? Well not as the 14th amendment text is written, but as it has been applied...

      "Once in a while you get shown the light In the strangest of places if you look at it right"

      by molly bloom on Sat Jul 23, 2005 at 04:41:14 PM PDT

      [ Parent ]

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