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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: <1992Nov21.182604.12898@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <By112u.7Bo@fc.sde.hp.com> <1992Nov20.200959.23319@col.hp.com>
- Date: Sat, 21 Nov 1992 18:26:04 GMT
- Lines: 60
-
- In article <1992Nov20.200959.23319@col.hp.com> kary@col.hp.com (Dan Kary) writes:
- >I live in Colorado Springs and you (aparently) live in or around Fort Collins.
- >Neither of these communities, nor the county or State they are in have ever
- >ever had any kind of gay rights ordinance or law. Has it always been legal
- >to discriminate against homosexuals in these communities? If not, why is
- >it now legal to discriminate?
-
- Because Amendment 2 specifically states that discrimination because of
- gay, lesbian or bisexual orientation is _no_longer_ grounds for
- suit. Previously, one could sue, even without relevant laws (winning, or
- even getting standing would be _extremely_ difficult without such a
- law, but it was still possible.)
-
- >I think it would have been illegal to discriminate against homosexuals before
- >amendment 2, based on the US Constitution, Amendments and case law. I think
- >that is still the case.
-
- Certainly Amendment 2 can't alter the federal Constitution or laws, but
- I'm not aware of any applicable federal laws. Since you mention case law,
- can you cite a case where existing federal laws were succesfully used
- against this form of discrimination?
-
- >I've always thought that local civil rights ordinances are a bad idea because
-
- I'd have to disagree completely.
-
- >I feel that local government and what they have that passes for a "judiciary"
- >is not competent to judge anything more important than traffic violations.
- >I don't want a local civil rights commission or panel or a municipal judge
- >making civil rights decisions.
-
- Local officials aren't a great choice, but they are better than the
- alternatives: They are in touch with local feelings, and know best how
- the people want discrimination handled, and how the conflicting rights
- involved should be balanced.
-
- >I very strongly prefer that civil rights
- >issues be the domain of federal laws and courts.
- >...civil rights need to be the same everywhere
- >and there is no need for local variances.
-
- All laws (as well as every act of government) need to have the consent of
- the people. (Not necessarily the agreement, just a willingness to accept.)
- On a national level, there is often _no_ general consensus on such matter.
- In principle, this means the federal government ought to stay out of
- it, and I think the Constitution prohibits it (Everything the federal
- government does must be, at least, "reasonably related" to the powers
- granted in the Constitution. Current federal anti-discrimination laws
- are supposedly "reasonably related" to the power to regulate interstate
- commerce, an explanation I'd call extremely doubtfull.) In any case,
- since the federal government is limited by the need for a national
- consessus and consent, I think there is a strong need for local laws:
- The residents of Colorado Springs don't want anti-discrimination laws
- based on sexual preference, and the residents of Boulder do. Local
- laws seem to me the best solution: Niether is subject to outside laws,
- that the local people object to.
-
- Frank Crary
- CU Boulder
-
-