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- Xref: sparky soc.motss:47898 co.politics:2102
- Newsgroups: soc.motss,co.politics
- Path: sparky!uunet!boulder!ucsu!ucsu.Colorado.EDU!fcrary
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: Equal Rights Laws, a misunderstanding
- Message-ID: <1992Nov17.032329.2261@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <1992Nov14.193235.14223@ucsu.Colorado.EDU> <Bxu07p.GF3@fc.sde.hp.com>
- Date: Tue, 17 Nov 1992 03:23:29 GMT
- Lines: 34
-
- In article <Bxu07p.GF3@fc.sde.hp.com> marc@hpmonk.fc.hp.com writes:
- >: As far as the Supreme Court's thinking goes, they have specifically
- >: ruled in one case, that homosexuals were _not_ a protected minority,
- >: and had no greater status in the eyes of the Court than any other
- >: special interest group. This may be fatal to the legal challenge to
- >: Amendment 2.
-
- >Are they then prepared to also strike down laws providing protection on the
- >basis of marital status or religious beliefs?
-
- I'm not sure I follow this: There is a major difference between laws
- that protect certain groups and laws like Amendment 2, which deny
- protection: A state can offer additional protections to just about
- anyone, but there are limits on which groups may be denied protections.
- So law offering additional protections on the basis of marital status
- or religion is quite different from Amendment 2, or the case refered to
- above.
-
- I any case (thanks to the liberal, activist Warren and Burger Courts)
- the minorities to which the Court gives special consideration are,
- essentially, the minorities the Justices personally like or feel
- sorry for. At least as far as case law goes, the Supreme Court
- can say (more or less on whim) that they are willing to protect
- blacks, or members of odd religions, or whoever but not homosexuals.
- I personally dislike the whole concept of "prefered freedoms" and
- "protected minorities", since these very concepts are nothing
- more than an expression of the Justices' biases and prejudices.
- However this is the nature of the Warren and Burger Court's effect
- on civil rights case law, and it is also likely to be the main
- way of thinking of the Supreme Court Justices that Clinton will
- appoint.
-
- Frank Crary
- CU Boulder
-