Scalia: Women Don't Have Constitutional Protection Against DiscriminationBreaking News
WASHINGTON -- The equal protection clause of the 14th Amendment to the U.S. Constitution does not protect against discrimination on the basis of gender or sexual orientation, according to Supreme Court Justice Antonin Scalia.
In a newly published interview in the legal magazine California Lawyer, Scalia said that while the Constitution does not disallow the passage of legislation outlawing such discrimination, it doesn't itself outlaw that behavior:
In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we've gone off in error by applying the 14th Amendment to both?
Yes, yes. Sorry, to tell you that. ... But, you know, if indeed the current society has come to different views, that's fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't.
comments powered by Disqus
- Historian David Kaiser says the most exciting day of his life was JFK’s election
- Michael Bliss, Historian Who Dispelled Myths of Insulin’s Discovery, Dies at 76
- Jill Lepore: Americans Aren't Just Divided Politically, They're Divided Over History Too
- AHA joins protest of Trump’s plan for drastic cuts to the NEH
- Diane Ravitch says the Democrats paved the way for the education secretary's efforts to privatize our public schools