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- From: nfs@volkl (Norbert Schlenker)
- Newsgroups: ba.politics,ca.politics,talk.politics.misc
- Subject: Re: Fear, hate, and the eternal companion, hate
- Message-ID: <1993Jan23.011017.1133@Princeton.EDU>
- Date: 23 Jan 93 01:10:17 GMT
- References: <13961@optilink.COM> <1993Jan22.075959.2322@netcom.com> <lm0nu9INN9jt@exodus.Eng.Sun.COM>
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- Organization: Department of Computer Science, Princeton University
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- In article <lm0nu9INN9jt@exodus.Eng.Sun.COM> flar@bendenweyr.Eng.Sun.COM (Jim Graham) writes:
- >phil@netcom.com (Phil Ronzone) writes:
- >|> Which is why it is refreshing to see the Colorado voters start to put
- >|> a stop to this nonsense of "victimology".
- >
- >The Colorado law prevents Colorado voters from passing a particular kind
- >of law. That sounds like coercion. If they don't want the law, then why
- >don't they just not vote for it?
-
- Good question. This is likely to be answered around the same time as
- you explain why the Bill of Rights contains language like "Congress
- shall make no law respecting an establishment of religion". I'll give
- you a clue - it removes temptation from legislators. This is the
- single most important purpose of the Bill of Rights. (Not that it's
- worked so well.)
-
- >The Colorado law also prohibits laws that prevent discrimination against
- >homosexuals, but it does not prohibit laws that prevent discrimination
- >against heterosexuals. Weren't you just complaining about asymmetrical
- >legislation in the hate crimes legislation discussion?
-
- This is certainly a defect in Colorado's Amendment 2. If the amendment
- is successfully challenged on equal protection grounds, you will find
- that the next version of it contains language mentioning sexual
- orientation and not homosexuality and bisexuality in particular. That
- is likely to be unassailable on the same or any other grounds.
-
- Personally, I don't know if it will be struck down by the courts.
- Colorado can make a good argument that Amendment 2 addresses specific
- local ordinances which mentioned only homosexuality and bisexuality,
- and was drawn in order to invalidate those ordinances. There were and
- are no local ordinances which protect heterosexuals (as a class) from
- discrimination, and there won't be in the future. The courts may find
- that argument lacking, in that localities would still have a theoretical
- ability to pass such ordinances.
-
- If that happens, Amendment 2 (and many other similar state
- constitutional amendments which will be on the ballot in coming years)
- will be reworded around something neutral like "sexual orientation".
- I will bet that such wording passes muster both with the electorate
- and the judiciary.
-
- Norbert
- nfs@cs.princeton.edu
-