To: WOSG
I think you misunderstood my argument. I am not an advocate of the "textualists" or the "originalists" at all. I'm not quite the free-wheeling "find anything you want in there" of some of today's judges, but if I had to pick a Justice with which I shared the most common view of the Constitution, it would be Hugo Black.
But back to the 14th for a moment.
So let's say your state passes a law stating that no women are allowed to attend any state accredited schools. State constitutions aside for the moment, do you honestly contend that the young ladies of this state would have no federal constitutional rememdy, since the 14th's original intent was not to protect women?
To: Viva Le Dissention
Justice with which ...a Justice with whom...
Father Foote, a Jesuit Priest and my English Professor of years gone by, would have been deeply ashamed of my last post.
To: Viva Le Dissention
Okay. My point is (a) you can be a textualist and (b) you SHOULD be one, it will save us from very BAD decisions.
I think a rational basis test for gender-based discrimination cases is more than sufficient.
Furthermore, there is indeed rational reason for single sex schools, for differential treatment in several areas where men and women are indeed different. As for the extreme case stated:
"
So let's say your state passes a law stating that no women are allowed to attend any state accredited schools. State constitutions aside for the moment, do you honestly contend that the young ladies of this state would have no federal constitutional rememdy, since the 14th's original intent was not to protect women? "
The text grants equal protection for all, even though the intent was directed at freed negro slaves. Whether this is permissible or not would depend on the rational basis. You've given a fairly nutty case.
consider - more realistically - if the state decided to fund many single sex schools. If that had a basis due to this being suitable education for men and women, it should be acceptable.
And yet I would never support 'separate but equal' for the races. see?
Yet the more ready remedy is at the ballot box.
774 posted on
08/21/2003 4:52:24 PM PDT by
WOSG
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