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View Diary: Stephanie Herseth and the Hate Amendment (423 comments)

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  •  Not sure (none)
    If the ERA had passed, we could claim unconstitutionality of this amendment based on that one - that is of course, if you believe that discrimination against homosexuals is sex discrimination (which I do).  There's a lot of rationale for that, such as the fact that gender and sex are not as biologically simple as Republicans would like to believe.  MAJeff will be the first to tell you that there are more than two genders/sexes and this is SO important as to make the question of sexual orientation irrelevant, because there is no longer just "hetero" and "homo."  

    I think this summer I'm going to write a major research paper on this issue.  Until then, my work for actual classes is trump :-)

    But your question is a good one.  Does the Supreme Court have the power to strike down a federal amendment?  I almost don't think they can, because they have to rule based on constitutional law and legal precedent, and neither of those would be in their favor.  Plus, cases are brought before the court based on violations of the constitution - not that the constitution was violated.  I'm not sure if there's a situation where SCOTUS could strike the Hate Amendment down.

    Dean Democrat for life. stand with us.

    by alli at notre dame on Thu Feb 26, 2004 at 02:24:37 AM PST

    [ Parent ]

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