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Wednesday, December 12, 2012

Actually, Senator, There Already Is A Constitutional Amendment (Or Two)

Senator Lindsey "Man Up" Graham:

[S]lavery was outlawed by a Constitutional amendment. If you want to propose a Constitutional amendment legalizing same-sex marriage and it passes, that’s the law of the land.

There was one passed on July 9, 1868.  Perhaps he's never heard of it.  Judge Walker (whose decision was upheld by the 9th Circuit) has:

Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples. FF 76, 79-80; Romer, 517 U.S. at 634, 116 S.Ct. 1620 ("[L]aws of the kind now before us raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected."). Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment.

But if Graham doesn't like that amendment, how about the Fifth, which is functionally similar, per the 2nd Circuit.  Both of 'em are the law of the land...

ntodd

December 12, 2012 in Constitution, Schmonstitution | Permalink

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Comments

But those were both created outside the Bubble so they don't count.

Posted by: Darryl Brashier | Dec 12, 2012 11:19:43 AM

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