[jec1ny]

Re: 46
Your point is technically correct but it does not alter the basic facts. The amendment clearly was intended to protect, and I think one could reasonably argue, encourage discrimination. You are of course correct in noting that there is a legal right to discriminate in some cases. But you err in asserting that it is a natural right. It is not. Discrimination can be perfectly justifiable in some circumstances. But if you are imposing a negative burden upon another human being, especially when that discrimination negatively impacts someones livelihood and their ability to put a roof over their head, then a heavy burden must rest on those defending that discrimination to justify their actions. There is a vast body of legal precedent including the 1964 civil rights act and the fair housing acts which have made it clear that the right to discriminate in those two matters is extremely tenuous.

[Mulch]

"...especially when that discrimination negatively impacts someones livelihood and their ability to put a roof over their head."

There are 10's of 1000's of businesses in this country. How many examples of discrimination have you personally witnessed?

[Sandy]

But you err in asserting that it is a natural right.

By natural right I meant a right that exists until forbidden by law. Imposing a negative burden upon another human being is already illegal, so that's not the sort of thing I'm talking about.

There is a vast body of legal precedent including the 1964 civil rights act and the fair housing acts which have made it clear that the right to discriminate in those two matters is extremely tenuous.

Well yeah, that's true, but the Constitution doesn't require those laws, and it wouldn't be unconstitutional to remove those laws from the books. We have those laws because people like them, not because the Constitution mandates them. Remove the laws, and the default situation returns, i.e., the right to discriminate. It's a right that existed until laws prohibiting it were passed. That was really my point. I hope that's more clear than my other reply.