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- Xref: sparky co.general:1738 co.politics:1917
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- From: mjs@fc.hp.com (Marc Sabatella)
- Subject: Re: Constitution
- Message-ID: <BxMJIu.I0J@fc.sde.hp.com>
- Sender: news@fc.sde.hp.com (Notes Administrator)
- Reply-To: marc@hpmonk.fc.hp.com
- Organization: Hewlett-Packard Company
- X-Newsreader: TIN [version 1.1.4 PL6]
- References: <1992Nov12.001126.20535@ucsu.Colorado.EDU>
- Distribution: co
- Date: Thu, 12 Nov 1992 22:23:17 GMT
- Lines: 36
-
- Frank Crary (fcrary@ucsu.Colorado.EDU) wrote:
- :
- : >>>Denial of any chance of protection seems to me
- : >>>to be the same as legalization of discrimination.
- :
- : >>I think a court would see it differently: They are not denied any
- : >>chance of legal protection. Amendment 2 can be legally repealed so
- : >>_some_ chance does exist (The Supreme Court consistantly avoids
- : >>questions of easy such things might be, calling them "political
- : >>questions" beyond the scope of the Court's jurisdiction.)
- :
- : >"This law doesn't discriminate unconstitutionally because it can be
- : >repealed?"
- :
- : The law itself doesn't impose any discriminatory measures. Any
- : discrimination that results from it would come from private
- : citiznes, not the government. Since repeal is possible, it does
- : not, as you suggested, "deny any chance of protection."
-
- No, but it does make that chance of protection a little less "equal" in the
- 14th amendment sense of the term: "All you other guys, if you want legal
- protection, just get a law passed. But you homos, first you gotta repeal
- a constitutional amendment, and only then can you try to get the law passed".
-
- --
- Amendment 2 - Shame On You, Colorado
- --
- Marc Sabatella
- marc@hpmonk.fc.hp.com
- --
- a disgusted resident of the first state in history of the union
- to enact a constitutional amendment that explicitly legalizes discrimination
- against a particular minority
- --
- All opinions expressed herein are my personal ones
- and do not necessarily reflect those of HP or anyone else.
-