Posted on 02/07/2020 11:04:46 AM PST by nickcarraway
Rep. Tony Randolph, a Republican from Rapid City, introduced a bill Thursday that would prohibit the state from enforcing, endorsing or favoring policies that cover a range of activities that involve members of the LGBTQ community.
In short, the bill wants the state to not enforce, endorse and favor policies that allow same-sex marriage, policies that allow counties to issue marriage licenses to same-sex couples and policies that prevent discrimination based on sexual orientation.
In 2015, the Supreme Court of the United States decided in Obergefell v. Hodges, that the right to marry is guaranteed by same-sex couples by the fourteenth amendment. All 50 states were required to allow and recognize same-sex marriage.
The ACLU of South Dakota has responded to the new bill.
Marriage equality is the law of the land in South Dakota and the entire nation, no matter what half-baked legal theories anti-LGBTQ lawmakers try to put forward, said Libby Skarin, the policy director for the ACLU of South Dakota. This bill is further proof that some South Dakota legislators remain committed to discriminating against LGBTQ people and their families. South Dakota lawmakers cannot defy the U.S. Supreme Court based on their extreme personal views.
The bill would also allow for conversion therapy and prohibit same-sex couples from receiving benefits.
The bill has two sections with 11 points in the first and three in the second. The first section focuses on same-sex marriage, sexual orientation discrimination, sex and gender identification and similar topics.
The second section states that the bill does not affect marriages between a woman and a man, a persons right to set the persons self-assert, sex-based identity narrative or sexual orientation or a persons rights to practice secular humanism.
The bill would also prohibit the state from enforcing, endorsing or favoring policies that permit public libraries or public schools in the state to partner with nonsecular organizations to promote, host, sponsor, favor or endorse drag queen storytime.
Randolph represents House District 35 and is a new member of the Legislature.
This is how its done. Act aggressively, offensively. Defensive maneuvers like religious liberty bills only act as targets for the sodomite left.
FR: Never Accept the Premise of Your Opponents Argument
In stark contrast to the rights that the early states expressly protected in the Bill of Rights and later rights amendments, the states have never amended the Constitution to expressly protect politically correct LGBT rights.
In other words, just like the politically correct "right" to have an abortion, there are no constitutionally express LGBT rights for the 14th Amendment (14A) to apply to the states, the misguided, post-FDR era Roberts Supreme Court wrongly subjectively reading LGBT rights into the Constitution imo.
14th Amendment, Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
"The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary, as distinguished from technical, meaning; where the intention is clear, there is no room for construction and no excuse for interpolation or addition [emphasis added]." United States v. Sprague, 1931.
"Beware of English-to-English translations of the Constitution!" me
In fact, the congressional record shows that Rep. John Bingham, the main author of Section 1, had stated more than once that 14A applies only express constitutional rights to the states, not politically correct rights made up by activist justices.
"Mr. Speaker, that the scope and meaning of the limitations imposed by the first section, fourteenth amendment of the Constitution may be more fully understood, permit me to say that the privileges and immunities of citizens of the United States, as contradistinguished from citizens of a State, are chiefly defined in the first eight amendments to the Constitution of the United States [emphases added]. Rep. John Bingham, Congressional Globe, House of Representatives, 42nd Congress, 1st Session. (See top half of middle column.)
Mr. Speaker, this House may safely follow the example of the makers of the Constitution and the builders of the Republic, by passing laws for enforcing all the privileges and immunities of the United States as guaranteed by the amended Constitution and expressly enumerated in the Constitution [emphasis added]. Rep. John Bingham, Congressional Globe, House of Representatives, 42nd Congress, 1st Session. (See lower half of third column.)
Patriots need to elect a new patriot Congress that will not only promise to fully support PDJT's already excellent work for MAGA, now KAGA, but will also do this.
New lawmakers also need to promise to not only work with PDJT to remove politically correct, constitutionally indefensible civil rights laws from the books, also including "civil protections" legislated from the bench by activist judges, but will also do their 14A duty to make penal laws that discourage state actors from abridging constitutionally enumerated protections.
Remember in November!
MAGA! Now KAGA! (Keep America Great Always!)
What bills directly effect same-sex mirage, other than Oberfegel? Why is ACLU complaining?
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