Conservative Supreme Court Justice Antonin Scalia, who substantially bases his interpretation of the Constitution on what we know of our forefathers’ wishes, recently stepped in it with quite a few equality-minded folk. California Lawyer published an interview in which Justice Scalia says the Constitution—and specifically the 14th Amendment—doesn't cover women, or sexual preference because ... nobody in those days would even consider the possibility.
Ok, now interpreting things legally doesn't always go hand-in-hand with what appears to many to be common sense.
If the Constitution had been written last week, particularly the 14th Amendment which provides equal protection, it surely would have applied to all Americans, regardless of sex, gender preference or choice of coffee house.
But it wasn't written last week, and Scalia says we should interpret it exactly as the writers intended.
Do you agree or disagree?
Do we need to change the Constitution to specifically state that ALL Americans are protected, not just the straight males?
Can we interpret the Constitution to include all groups, since it doesn't specifically exclude them in spite of knowing that those who wrote it did not have anybody in mind, other than straight men, when they wrote it?
Ok, now interpreting things legally doesn't always go hand-in-hand with what appears to many to be common sense.
If the Constitution had been written last week, particularly the 14th Amendment which provides equal protection, it surely would have applied to all Americans, regardless of sex, gender preference or choice of coffee house.
But it wasn't written last week, and Scalia says we should interpret it exactly as the writers intended.
Do you agree or disagree?
Do we need to change the Constitution to specifically state that ALL Americans are protected, not just the straight males?
Can we interpret the Constitution to include all groups, since it doesn't specifically exclude them in spite of knowing that those who wrote it did not have anybody in mind, other than straight men, when they wrote it?