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View Diary: Judge Walker Destroys Bigoted Arguments, Sets Up Equality For All (303 comments)

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  •  But the deal on 2 is that it (3+ / 0-)
    Recommended by:
    RichM, davewill, JesseCW

    limited governments from making laws to protect gay rights. The decision was based on the fact that it created a special class of citizens who were by the very creation barred from looking to the State for legislative remedy.

    From the ruling:

    The State's principal argument that Amendment 2 puts gays and lesbians in the same position as all other persons by denying them special rights is rejected as implausible...Even if, as the State contends, homosexuals can find protection in laws and policies of general application, Amendment 2 goes well beyond merely depriving them of special rights. It imposes a broad disability upon those persons alone, forbidding them, but no others, to seek specific legal protection from injuries caused by discrimination in a wide range of public and private transactions.

    This is a little different than saying they are a protected and distinct minority, just by the nature of who they are.

    Getting Democrats together and keeping them that way is like herding cats that are high on meth, through L.A., during an earthquake, in the rain -6.25, -6.10

    by Something the Dog Said on Thu Aug 05, 2010 at 10:11:27 AM PDT

    [ Parent ]

    •  So... (1+ / 0-)
      Recommended by:

      Are you saying that the 33 states in question allow this discrimination by omission?  I'm not sure how they can single out a sub-group for discrimination based on this ruling.

      Irony: Apparently, the teabaggers would have apologized to the East India Trading Company for dumping their tea into the Boston Harbor.

      by RichM on Thu Aug 05, 2010 at 10:53:09 AM PDT

      [ Parent ]

      •  Essentially. (3+ / 0-)
        Recommended by:
        RichM, indiemcemopants, DruidQueen

        If women or minorities are discriminated against, they can sue for violation of their civil rights, because such discrimination is legally proscribed. The LGBT don't have that recourse. They can try to get relief from the state as suggested above, but with most of those states being "right to work" states, being fired (and especially not hired) because the boss didn't like you isn't grounds for a complaint. The same goes with housing, etc...

        If the government doesn't recognize the discrimination, there's no where to turn when it happens.

        "My name is Inigo Montoya. You killed my father. Prepare to die."

        by davewill on Thu Aug 05, 2010 at 11:19:09 AM PDT

        [ Parent ]

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