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
- Donald Trump Is Wrong on Mosul Attack, Military Experts Say
- Emmett Till memorial sign is riddled with bullet holes and has been repeatedly vandalized
- Posthumous pardons law may see Oscar Wilde exonerated
- Has an Election Ever Been Rigged in U.S. History?
- A short history of white people rigging elections
- Steven Runciman — historian, tease and professional enigma — is the subject of a biography
- Historian Eric Foner: Trump is Logical Conclusion of What the GOP Has Been Doing for Decades
- Ken Burns developing 'The Gene' based on Mukherjee's bestseller
- Does the 'Father' of the 1948 Ethnic Cleansing Narrative Really Want to Recant His Words?
- Max Boot wants to know “what the hell happened to my Republican Party?"