The random political thoughts thread (Part Deux) - Page 627

Alex · 11-18-2010, 11:57 AM

Ah, destroy the American economy outright. That'll work well in the long run.

Should Ford not be allowed (or strongly, strongly discouraged) to build and sell cars in India?

JWBear · 11-24-2010, 04:58 PM

Justice Scalia says the 14th Amendment does not apply to homosexuals or women.

Disgusting.

Ghoulish Delight · 11-30-2010, 04:25 PM

I saw a headline today referencing the "Slurpee Summit" and thought, "Fvck that's a horrible thing to call Obama's recent trip to India."

Betty · 12-01-2010, 09:12 AM

Quote:

Originally Posted by JWBear

Justice Scalia says the 14th Amendment does not apply to homosexuals or women.

Disgusting.

Wow. What about black people? They weren't originally included either.

Ghoulish Delight · 12-02-2010, 02:03 PM

You know, if the Republican are right and the fate of job growth, and our entire economy, hinges on whether 2% of the population pays an extra $1500 or so in taxes next year or not, we're all fvcking doomed anyway as far as I'm concerned.

Moonliner · 12-02-2010, 02:22 PM

Quote:

Originally Posted by JWBear

Justice Scalia says the 14th Amendment does not apply to homosexuals or women.

Disgusting.

Reading the article it sounds like he was just stating fact. The 14th Amendment was not written to apply to homosexuals or women (or blacks, or....)

Are you saying the 14th Amendment as written is disgusting or that Scalia is Disgusting for pointing it out?

JWBear · 12-02-2010, 02:35 PM

Quote:

Originally Posted by Moonliner

Reading the article it sounds like he was just stating fact. The 14th Amendment was not written to apply to homosexuals or women (or blacks, or....)

Are you saying the 14th Amendment as written is disgusting or that Scalia is Disgusting for pointing it out?

Sorry, no. I'll quote directly from the article, "Scalia made similar comments in September when he told a San Francisco law school that the Constitution offers no protection whatsoever to homosexuals or females. (bolding mine)" This is what he believes, and I find that belief to be disgusting.

wendybeth · 12-02-2010, 09:01 PM

So, since they finally got around to extending those protections (I choked a little as I typed that) to women, does that mean he is amenable to doing the same for homosexual persons as well?

Alex · 12-02-2010, 09:48 PM

He's not necessarily opposed to them being protected, he just doesn't feel that the protections necessarily originate in the constitution.

Which is true for many rights and protections we have. Many things are allowed by the constitution that aren't required by the constitution.

While I don't particularly agree with his brand of originalism, I don't find it all that controversial either. But he has a point that the things we now claim are explicitly protected by sections of the constitution were illegal before, at, and after those parts of the constitution were created. I really don't see it being at all remarkable to say that the 14th Amendment was not added to the constitution with the intent that it protect homosexual marriage.

If the writers had known it would one day come to be viewed that way, they doubtless would have explicitly excluded it and it is only because our interpretation today is so far outside the realm of what was considered reasonable at the time that it wasn't.

Scalia is an originalist. So him saying that the 14th amendment doesn't mandate gay marriage, for example, is no surprise. But I'm guessing he has no judicial problem with such allowances being created legislatively and his argument that if we want something to be required by the constitution that wasn't originally there the correct thing to do is change the constitution not how we read it is hardly original or that far outside the mainstream.

I support gay marriage. I do think it is an issue of civil liberties. And if we can get it allowed through the back door that is a living constitution I can live with it. But I also don't pretend that we aren't completely reinterpeting the intent of the people who wrote it when we do so.

Strangler Lewis · 12-03-2010, 07:03 AM

Unless something has changed since I went to law school, classifications based on gender receive only intermediate scrutiny whereas classifications based on race receive strict scrutiny.

11-18-2010, 11:57 AM	#6261
Alex . Join Date: Feb 2005 Posts: 13,354	Ah, destroy the American economy outright. That'll work well in the long run. Should Ford not be allowed (or strongly, strongly discouraged) to build and sell cars in India?
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11-24-2010, 04:58 PM	#6262
JWBear Worn Romantic Join Date: Feb 2006 Location: Long Beach California Posts: 8,435	Justice Scalia says the 14th Amendment does not apply to homosexuals or women. Disgusting. __________________ Unrestrained frivolity will lead to the downfall of modern society.
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11-30-2010, 04:25 PM	#6263
Ghoulish Delight I Floop the Pig Join Date: Jan 2005 Location: Alternative Swankstyle Posts: 19,348	I saw a headline today referencing the "Slurpee Summit" and thought, "Fvck that's a horrible thing to call Obama's recent trip to India." __________________ 'He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.' -TJ
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12-02-2010, 02:03 PM	#6265
Ghoulish Delight I Floop the Pig Join Date: Jan 2005 Location: Alternative Swankstyle Posts: 19,348	You know, if the Republican are right and the fate of job growth, and our entire economy, hinges on whether 2% of the population pays an extra $1500 or so in taxes next year or not, we're all fvcking doomed anyway as far as I'm concerned. __________________ 'He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.' -TJ
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12-02-2010, 09:01 PM	#6268
wendybeth Nevermind Join Date: Jan 2005 Posts: 7,847	So, since they finally got around to extending those protections (I choked a little as I typed that) to women, does that mean he is amenable to doing the same for homosexual persons as well? __________________
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12-02-2010, 09:48 PM	#6269
Alex . Join Date: Feb 2005 Posts: 13,354	He's not necessarily opposed to them being protected, he just doesn't feel that the protections necessarily originate in the constitution. Which is true for many rights and protections we have. Many things are allowed by the constitution that aren't required by the constitution. While I don't particularly agree with his brand of originalism, I don't find it all that controversial either. But he has a point that the things we now claim are explicitly protected by sections of the constitution were illegal before, at, and after those parts of the constitution were created. I really don't see it being at all remarkable to say that the 14th Amendment was not added to the constitution with the intent that it protect homosexual marriage. If the writers had known it would one day come to be viewed that way, they doubtless would have explicitly excluded it and it is only because our interpretation today is so far outside the realm of what was considered reasonable at the time that it wasn't. Scalia is an originalist. So him saying that the 14th amendment doesn't mandate gay marriage, for example, is no surprise. But I'm guessing he has no judicial problem with such allowances being created legislatively and his argument that if we want something to be required by the constitution that wasn't originally there the correct thing to do is change the constitution not how we read it is hardly original or that far outside the mainstream. I support gay marriage. I do think it is an issue of civil liberties. And if we can get it allowed through the back door that is a living constitution I can live with it. But I also don't pretend that we aren't completely reinterpeting the intent of the people who wrote it when we do so.
	Submit to Quotes

12-03-2010, 07:03 AM	#6270
Strangler Lewis Doing The Job Join Date: Aug 2006 Location: In a state Posts: 3,956	Unless something has changed since I went to law school, classifications based on gender receive only intermediate scrutiny whereas classifications based on race receive strict scrutiny. __________________ Live now-pay later. Diner's Club!
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