manda ([info]purplesparklies) wrote,
@ 2004-02-25 11:49:00
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i'd like, if i may, to direct my readers toward this discussion, at lowculture, regarding the proposed constitutional amendment that would deny americans the right to marry a member of their own gender.

now, i'm not going to start that the notion of gender bifurcation is ridiculous in and of itself, nor am i going to point out that i think it's odd (to say the least) that the government sees it appropriate to get involved in private, personal, domestic arrangements such as marriage. whatever one's feelings regarding the institution, low culture's point is, i think, an important one. one can not amend the constitution to serve one's personal tastes, beliefs, or faith. the constitution is Not To Be Trifled With, and it would behoove the president and his colleagues to be mindful of this, lest they be remembered by history with the same sort of respect that is currently reserved for the prohibition party.



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(Anonymous)
2004-02-25 09:41 am UTC (link)
Agreed. Though the article you reference is pointlessly grasping at straws with Amendments IX and X, they were right to look to Amendment XIV. This has been one of the most carefully interpreted amendments in Constitutional jurisprudence with regard to discrimination, and as a bolster to the First Amendment. (The two have been used in conjunction in cases arguing that pornography and hate speech are protected forms of expression, for example.) It's the last clause of Section 1: "nor to deny to any person within its jurisdiction the equal protection of the laws" that is really key here. Section 1 was drafted to amend the "three fifths of all other Persons" from Section 2 of Article I, so it comes out of a strong tradition of curtailing, not endorsing, the violation of civil rights.

cocktailsandpain.net

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