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To: Polybius

It shows how deeply ingrained judicial activism is in our society that even on conservative websites there are people who accept these absurd rulings at face value.

I don’t know how many times I’ve argued here with people who insist that the 14th Amendment’s Equal Protection Clause requires the government to treat (for example) men and women the same. So if the Citadel doesn’t admit women, then it’s in violation of the 14th Amendment.

Well, if that interpretation of the 14th is correct, why do we have a 19th Amendment giving women the vote? The 14th didn’t give women the vote, yet we’re now told it requires sex integration at a state military academy.


131 posted on 12/05/2007 9:31:39 AM PST by puroresu (Enjoy ASIAN CINEMA? See my Freeper page for recommendations (updated!).)
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To: puroresu; Polybius
(1) The reason why the Snyder Act was necessary to extend citizenship to Native Americans is for the simple reason that Native Americans were, by statute, subject to the jurisdiction of their tribal or national governments and not to the US government.

(2) No conservative I have ever heard of argues that the 14A provides "equal opportunity" or "equal outcome", but "equal protection of the laws."

In other words, the states are not allowed to pass laws that single out specific classes for special privileges or special disadvantages under state law.

That protection is manifestly unrelated to the sexual integration of the Citadel.

No person was guaranteed a place at the Citadel by law and no law excluded women from a place at the Citadel.

133 posted on 12/05/2007 9:51:48 AM PST by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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