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- Newsgroups: co.general
- Path: sparky!uunet!boulder!ucsu!ucsu.Colorado.EDU!fcrary
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: interesting thought (ammendment 2)
- Message-ID: <1992Nov19.215208.869@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <1992Nov19.080645.6079@ucsu.Colorado.EDU> <Bxz3o5.Dzq@fc.sde.hp.com>
- Date: Thu, 19 Nov 1992 21:52:08 GMT
- Lines: 42
-
- In article <Bxz3o5.Dzq@fc.sde.hp.com> marc@hpmonk.fc.hp.com writes:
- >: Amendment
- >: 2 repeals and prohibits such laws in the case of homosexual or bisexual
- >: leanings _only_.
-
- >To pick your brain one more time, I'm a little curious about this wording
- >myself. The word "leaning" is not used, but "orientation" is. Is it possible
- >to interpret this in the negative sense? That is, the intent was clearly to
- >remove the right to claim discrimination from people oriented "toward"
- >homosexuality; could this also be applied to strike down laws that protect
- >those oriented "away from" homosexuality?
-
- It's _possible_ to interpert it in that way. Now that I think about it,
- the Supreme Court might do exactly that: They generally try to
- avoid overturning laws. If they can think of any possible, constitutional
- way to interpert a law, they prefer to adopt it instead of striking
- down the law. (E.g. they might rule that the Amendment "really" mean
- laws protecting heterosexuals are also prohibited, and therefore
- the issue of equal protection isn't relevant.) Admittedly, the
- interpertation you suggest is playing with words and (probably)
- contradicting the intended meaning of the Amendment, but the Court
- has done just that on many occassions, and might do so again in
- preference to overturning a law.
-
- >I still suspect it could be struck down on the basis that it explicitly denies
- >protection to a group that has the potential to deserve it - homosexuals seem
- >no less powerless than Christians, for example, but the latter group gets
- >protection.
-
- The Supreme Court (usually and currently) prefers not to decide who
- "deserves" something. That's a political question, and they prefer
- to leave it to other branchs of government. The Court would probably
- see repeal as a very real, political solution, and avoid this issue.
-
- Protections for Christians are a slightly different matter, since
- the First Amendment to the federal Constitution specifically
- protects religous groups. Legally, whether or not they "deserve"
- such protection isn't an issue: There is a specific and supreme
- law on the subject.
-
- Frank Crary
- CU Boulder
-