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- Newsgroups: alt.fan.rush-limbaugh
- Path: sparky!uunet!stanford.edu!kronos.arc.nasa.gov!butch!LMSC5.IS.LMSC.LOCKHEED.COM!J056600
- From: J056600@LMSC5.IS.LMSC.LOCKHEED.COM
- Subject: What is the 14th Amendment?
- Message-ID: <93006.28932.J056600@LMSC5.IS.LMSC.LOCKHEED.COM>
- Sender: news@butch.lmsc.lockheed.com
- Organization: Lockheed Missiles & Space Company, Inc.
- Date: Wed, 06 Jan 93 08:02:11 PST
- Lines: 36
-
-
- I've seen too many people here who claim to understand the Constitution
- also state that Colorado's Amendment 2 violates the 14th Amendment to the U.S.
- Constitution. Well, it doesn't.
- Back in the Civil War era (Civil War? There's an oxymoron), rights were
- being systematically denied to blacks by state and local governments. The
- Bill of Rights guaranteed that the *federal* government (Congress, actually)
- could not deny the protections of the Bill of Rights to anyone. That still
- left that ability to the state and local governments. The 14th Amendment was
- created primarily to keep the Bill of Rights binding at state and local levels
- of government. It did not--and still does not--apply to private entities. The
- 14th Amendment is *only* binding on state and local governments. Read the text
- of it again. It does NOT address private discrimination at all.
- That doesn't mean that private discrimination is a good thing. In fact, the
- Civil Rights Acts of 1964 and 1991 would be a redundant waste of time if the
- 14th Amendment covered private discrimination. But in no way can it be said
- that the Constitution provides protection against discrimination by non-
- governmental entities.
- You can say that CO 2 violates the Civil Rights Act of 1964 (though I don't
- think that sexual orientation is covered by it), but certainly not the 14th
- Amendment. If you re-read the Bill of Rights and the other amendments, you
- will see that the Constitution was written to limit the powers of the *federal
- government* only--with later amendments (such as the 14th) which also force
- state and local *governments* into compliance. There is nothing--repeat,
- NOTHING--in the Bill of Rights or subsequent amendments about limiting the
- powers of *private* businesses or *private* citizens.
- Perhaps allowing discrimination against gays is wrong, but it isn't a
- Constitutional question. It will take either a Constitutional amendment or a
- law passed by Congress which is found to be constitutional to legally prevent
- it. Sorry, folks. That's just the way it is. Try to change it if you don't
- like it.
-
-
- Tim Irvin
- ******************************************************************************
- For a good time, call 800-682-1776
-