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View Diary: VT Gov vetoes Marriage Equality (272 comments)

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  •  That's not mutability (0+ / 0-)

    You're smarter than that.  If I have to wait 5000 years for my skin color to change (when my life span is only 80 years), for me, race is not a mutable characteristic.  Hair color is mutable, for example.  

    Greenbelt, MD loves Barack Obama!

    by Prince Georges for Obama on Mon Apr 06, 2009 at 08:06:18 PM PDT

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    •  OK, I guess I'm going to have to explain it... (4+ / 0-)

      ...like you are a fifth grader.

      Race is immutable and heritable, but not genetic.

      Race is not a suspect classification because race is immutable. Race is a suspect classification because racial minorities have historically had insufficient political power to secure legislation protecting their rights relative to the political majority. The same is also true of ethnicity and national origin.

      Sex is not a quasi suspect classification because sex is immutable. Sex is a quasi suspect classification because sexual "minorities" (aka women) have historically had comparatively little political power to secure equality despite technically being in the majority.

      Elevated standards of review are based on political power, not genetic characteristics (like facial bone structure), mutability (or lack thereof) of other characteristics (like skin color), or the heritability of social constructions (like race).

      Historically, the fact that gays and lesbians have been persecuted and even executed for being gay and subjected to substantial discrimination and been relatively unable to easily secure legislation favorable to their rights means that heightened scrutiny in some form is applicable whether it is heighten scrutiny or suspect scrutiny is up for debate in come quarters, but when political power is the main consideration, I find it asinine to assert that gays are more politically powerful than blacks or women.

      There are 10 kind of people in the world: Those who understand binary and those who don't.

      by craigkg on Mon Apr 06, 2009 at 08:20:54 PM PDT

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      •  Well, that was a nice legal lesson, but (0+ / 0-)

        a lot of American legal theory is just bullshit, period.  A lot of 5-4 Supreme Court decisions have just been WRONG, PERIOD.  E.g. Bowers v. Hardwick.
        THEREFORE, EVEN BOTHERING to explain the nuances of the thought of O'Connor or Kennedy or Powell or White
        IS A COMPLETE WASTE OF TIME.
        You really should just stick to basic moral principles.

        The road to hell has not YET been paved with Republicans, but it SHOULD be -- Corrected BumperSticker

        by ge0rge on Tue Apr 07, 2009 at 12:51:36 PM PDT

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