Saturday, January 8, 2011

B.A.F.F.L.E.D. Law

Do We Need To Update the Constitution?

In recent news, Supreme Court Justice Scalia mentioned there being no protection for homosexuals or women in the constitution.  The missing protections are similar to what is in the 14th Amendment, where discrimination based on race, national origin, ethnicity, et. al are noted.  No reference to gender or sexual orientation are listed, somewhat sneakily allowing laws to be made which could do so.  We doubt they'd get very far in today's Congress, but apparently there's room for it.

Justice Scalia said there's nothing the Court can do to protect laws which could be made to discriminate against these groups.  As noted in the linked article, this is quite a statement to make in 2011.  Clearly the everyday dealings of our world today are nothing compared to what was imagined when the 39th Congress prepared the 14th Amendment.  But, who's to say we don't need some tweeks to the federal guidebook?

What do you think?  Should there be revisions in the Constitution to address more social groups?  Are they really protected implicitly, without the explicit language?  Would we ever be in jeopardy of these protections coming into question at the SCOTUS level? Who would dare create such bold legislation? 


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