Scalia: Constitution does not protect women against discrimination

Discussion in 'Law and Justice System' started by rdean, Jan 4, 2011.

  1. rdean
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    rdean Guest

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    In an interview with California Lawyer, Scalia said that the Constitution itself does not protect women and gay men and lesbians from discrimination

    In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we've gone off in error by applying the 14th Amendment to both?

    Yes, yes. Sorry, to tell you that. ... But, you know, if indeed the current society has come to different views, that's fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't.

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    44 - Scalia: Constitution does not protect women against discrimination

    Scalia, possibly the most favorite judge of those on the right.

    I guess that leaves only "white men". Hmmm, or Republicans. Yes, Republican White men are protected and, if I understand him, "elevated".

    Take away woman, gays, and people of color, who's left? Yes, who indeed?
     
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    He's right, of course.
     
  3. manifold
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    manifold Diamond Member

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    The Constitution itself doesn't protect anyone from discrimination.

    Why do you think there was a 'need' for the Civil Rights Act?
     
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    manifold Diamond Member

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    Oh, and...




    Enjoy the latest in a long line of rdean fails. :thup:
     
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  5. California Girl
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    Ahhhh, a voice of sanity among the stupid!
     
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    Care4all Warrior Princess Supporting Member

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    ahhhhhh.....but indirectly:
    via the powers given to congress BY the Constitution, the Civil rights act was passed and became law, thus giving protection.
     
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    No, he's right. If you want the protection, pass a law.
     
  8. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    Yep.

    The Constitution provides no protection from being murdered.
     
  9. del
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    del BANNED

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    one has to admire his consistency
     
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    It doesn't. That's why laws were passed against murder.
     

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