gotsnowgotslush
skates like Eck
- Joined
- Dec 24, 2007
- Posts
- 25,720
According to South Carolina, the framers of the 14th Amendment explicitly preserved the rights of states to deprive married women of the ability to function independently from her husband. This right to deprive married women of basic liberties, South Carolina argues, is enshrined in the 10th Amendment and is not at all undercut by the 14th Amendment’s guarantee of equality.
"Originalism,"pops up its horrible head-
"One key problem with originalism—the theory that the Constitution should be interpreted as its drafters understood it—is that the men who wrote our constitution had some pretty barbaric views about humanity."
"The author of the Bill of Rights, James Madison, owned hundreds of slaves. The same Congress that passed the 14th Amendment segregated schools and opposed women’s suffrage."
South Carolina-
"In a jaw-dropping amicus brief recently filed with the Supreme Court, the state’s attorney general argues for a truly originalist understanding of the 14th Amendment, insisting that the Constitution permits discrimination not just against gays, but also against women."
http://www.slate.com/blogs/outward/...scriminate_against_women_so_why_not_gays.html
The justices could restore the provision’s original meaning and usher in a new era of state-sponsored sexism. They could continue to be selectively faithful to the bigoted views of dead white men and laugh off gay rights. Or they could choose to honor the broader constitutional principle embedded in the 14th Amendment: the radical, sweeping, revolutionary idea that all Americans are born equal.
Update, April 9, 2015: The South Carolina solicitor general, as well as a representative from the office of the attorney general, have asked us to note that their state does not wish to implement the sexist laws outlined in its brief—though it could if it wanted to.
*gsgs comment- In what other states, is this horror, hiding under a rock ? Did Margaret Atwood know about this, before she completed her writing, for The Handmaid' Tale ?*
"Originalism,"pops up its horrible head-
"One key problem with originalism—the theory that the Constitution should be interpreted as its drafters understood it—is that the men who wrote our constitution had some pretty barbaric views about humanity."
"The author of the Bill of Rights, James Madison, owned hundreds of slaves. The same Congress that passed the 14th Amendment segregated schools and opposed women’s suffrage."
South Carolina-
"In a jaw-dropping amicus brief recently filed with the Supreme Court, the state’s attorney general argues for a truly originalist understanding of the 14th Amendment, insisting that the Constitution permits discrimination not just against gays, but also against women."
http://www.slate.com/blogs/outward/...scriminate_against_women_so_why_not_gays.html
The justices could restore the provision’s original meaning and usher in a new era of state-sponsored sexism. They could continue to be selectively faithful to the bigoted views of dead white men and laugh off gay rights. Or they could choose to honor the broader constitutional principle embedded in the 14th Amendment: the radical, sweeping, revolutionary idea that all Americans are born equal.
Update, April 9, 2015: The South Carolina solicitor general, as well as a representative from the office of the attorney general, have asked us to note that their state does not wish to implement the sexist laws outlined in its brief—though it could if it wanted to.
*gsgs comment- In what other states, is this horror, hiding under a rock ? Did Margaret Atwood know about this, before she completed her writing, for The Handmaid' Tale ?*