Comment

GOP Crowd Boos Gay Soldier Serving in Iraq, While Santorum Babbles About Sex

462
KingKenrod9/23/2011 8:16:27 am PDT

re: #436 lawhawk

Oh and another thing about Equal Protection and equal rights under the law.

There’s no qualifying words or limitations in the US Constitution about rights:

No person can be denied equal protection under the law - that it not limited because of someone’s race, gender, or sexual orientation.

An originalist may try to claim that based on the context of the 14th at time of passage that they were referring to race, but that ignores the plain meaning of the words as used today - and to give weight to the words as written and their contextual use within the 14th - “any person” means just that - any person.

Reading the amendment, I note that it is a restriction on the States, not the Federal government. The Feds can deny its own granted rights and privileges to citizens, as long as they don’t run afoul of other parts of the Constitution. Or do I have that wrong?