Scalia: Women Don't Have Constitutional Protection Against Discrimination
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
- Coming Soon, a Century Late: A Black Film Gem
- The discovery that complicated the history of sex change operations
- NYT identifies the person who exposed Gary Hart's philandering
- Decades After Trinity Nuclear Test in New Mexico, U.S. Studies Cancer Fallout
- Lawrence Of Arabia's Hand-Drawn, WWI Map Is Up for Auction
- Ken Burns and the Myth of Theodore Roosevelt
- What Ken Burns Doesn't Understand about the Roosevelts
- A call for historians to do macro history
- Colorado school board, worried about the new AP framework, wants to make sure high school kids are taught patriotic history
- Professor premieres animated short on Pueblo revolt on PBS