Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

MNBrewer

(8,462 posts)
Thu Jan 16, 2014, 05:22 PM Jan 2014

Oklahoma Attorney General: The 14th Amendment Doesn't Apply To Gay People

I have a dream that some day whether or not you are considered to be a "person" in the context of the 14th Amendment will be determined by the color of your skin.



http://www.krmg.com/news/news/local/oklahoma-attorney-general-says-law-clear-same-sex-/ncp64/

He says, “Is there really a Constitutional right? Is there cases that support that individuals sexual orientation should be the heart of equal protection under the 14th Amendment? And that’s just not the case.”

Pruitt says courts have previously ruled that the 14th amendment wasn't written for gays and lesbians, but rather to protect people from discrimination based on characteristics of race or gender, not behavior.

“When you look at where the Equal Protection Law came from, the 14th Amendment, the right to be treated equally under the laws, it came after the Civil War.”

Plus, Pruitt says the decision is up to the states and the U.S. Supreme Court has already ruled that way in other gay marriage cases.

2 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Oklahoma Attorney General: The 14th Amendment Doesn't Apply To Gay People (Original Post) MNBrewer Jan 2014 OP
Gender had nothing to do with it when it was written. NCLefty Jan 2014 #1
The 14th Amendment provides a guarentee of equal protection under the law. Fearless Jan 2014 #2

NCLefty

(3,678 posts)
1. Gender had nothing to do with it when it was written.
Fri Jan 17, 2014, 02:00 AM
Jan 2014
"Pruitt says courts have previously ruled that the 14th amendment wasn't written for gays and lesbians, but rather to protect people from discrimination based on characteristics of race or gender, not behavior."


"Courts have previously ruled" is his way of saying it should never change (conservative, ayup), and how we know he wouldn't have stood up for women when it was being debated for them either.

Gender had nothing to do with the amendment at its inception, and only much later came to be a part of it:

Ratification by the states

The reference to "male inhabitants" in Section 2 was the first reference to gender in the Constitution, and was condemned by women's suffragists such as Elizabeth Cady Stanton and Susan B. Anthony who had long seen their cause as linked to that of black rights. The separation of black civil rights from women's civil rights split the two movements for decades.[20]


Reed v. Reed (1971),[144] which struck down an Idaho probate law favoring men, was the first decision in which the Court ruled that arbitrary gender discrimination violated the Equal Protection Clause.[145] In Craig v. Boren (1976),


http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution

He must have been appointed for his religious views, not his professional qualifications.

Fearless

(18,421 posts)
2. The 14th Amendment provides a guarentee of equal protection under the law.
Fri Jan 17, 2014, 02:20 AM
Jan 2014

Gay couples should receive equal recognition by the federal, state, and local governments because of this. It's really quite simple.

Latest Discussions»Alliance Forums»LGBT»Oklahoma Attorney General...