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Originally posted by SpliceVW: Well that's understandable.. nobody cares about canadia.
You must be right ... even I don't know where canadia [sic] is.
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Meh, I say Canadia all the time.
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Originally posted by Mysti-ken: Originally posted by DrGonzo: Not neccesary.
Please see Ad. 14...
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.
It's called the "equal protection clause."
I mean no offense by this, but I imagine that you Canadians don't spend much time in school studying the US Constitution. Hell, we don't here.
No offense taken - although we do in fact study the American system of government, it is not so detailed as to delve into the intricacies of the constitution. (and more to the point, it was 42 years ago for me)
Now, having said that, and looking at the statement above which appears to be section one of the 14th amemdment, why were the 15th and 19th amendments deemed necessary, and why wouldn't the same need also apply to sexual orientation?
13th, 14th, and 15th are a sort of package from the Reconstruction period after the Civil War, that's the best way to explain the 15th. There were attempts to deny former slaves the right to vote so it's spelled out.
The 19th? Because we don't really do what we say. At the time, society norms simply implied women did not vote. Actually, women were not given the right to vote by the 14th. Ad.14, section 2 actually prescibes the right to vote to MEN. It states that the right to vote cannot be denied to"...any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime..." The fact is, the constitution and its interpretation evolves with the times, and that was a needed explanation as we evolved as a society to allow women the vote.
The 14th has evolved as well, through the "seperate but equal" times (Plessey v. Ferguson) to today's interpertation. I don't see a logical arguement to not apply the 14th (and 1st)to gay rights, esp. considering the recent sodomy case (Lawerence V. Texas). Now, oddly, there were specific arguements made in this case that marriage is an institution made by the state for the purposes of the state and that behavior and marriage are different. However, in dissent Justice Scalia predicts the affect of the case on marriage laws, i.e. bigamy and gay marriage.
Interestingly, there is a now case currently before the Supreme Court this term on Polygamy, brought about becasue of Lawernce v. Texas, that may have a lot to do with decideding the gay marriage issue. I really don't like CBS, but here is a good article from them on the case. click .
If this topic is important to you, keep a close eye on this case.
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oh, and to add one more point.
14th ad. only protects from GOVERNMENT discrimination.
There are seperate laws banning discrimination, say in housing or employment, on basis of gender, race, religion, nation of origion.
Our Constitution is to define our government, proscibe certian rights and responsibilities to our Federal government, reserve other rights to the states, and to protect citizens rights from the government abuse.
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there have been many good points made here. the 14th amend was only designed to pretty much make it illeagal to use lynch mob against former slaves. it became the wild card for arguing just about anything in the 20th century though. most major court decisions including those on free speech have used this amaend for a basis in court. pretty much the only reason that it hasnt been broadened to the point of gay marriage is the fact that the supreme court is controlled mostly by very conservative judges right now. the need to amend the constitution for this protection does not exist. the need is quite the opposite, to prevent it.
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Originally posted by Mysti-ken: You're probably right ... it just seemed that after 450+ posts it was nearly impossible to figure out where people stood on what is IMO the fundamental question - at least without having to wade through the verbiage...
So now we have instead TWO threads. It won't be long before this one is cluttered with a myraid amount of people that think their opinions are the only ones that matter.
Let it go people. Just let it go.
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Originally posted by cuda06: there have been many good points made here. the 14th amend was only designed to pretty much make it illeagal to use lynch mob against former slaves. it became the wild card for arguing just about anything in the 20th century though. most major court decisions including those on free speech have used this amaend for a basis in court. pretty much the only reason that it hasnt been broadened to the point of gay marriage is the fact that the supreme court is controlled mostly by very conservative judges right now. the need to amend the constitution for this protection does not exist. the need is quite the opposite, to prevent it.
Well said. The 14th has certainly evolved. Precident is going to make its application to gay marriage interesting.
Some see the call for an ad. banning gay marriage as a race between this and the case allowing gay marriage. It would be difficult to undue what had been already done, considering the properity issues of marriage.
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Originally posted by Mysti-ken: Originally posted by SpliceVW: Well that's understandable.. nobody cares about canadia.
You must be right ... even I don't know where canadia [sic] is.
I don't spell canadia right OR capitalize it for a reason.. to give it as much disrespect as I can!
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Now that we have discussed the Constitution to death  let's let the poll live and the discussion move on.
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