[quote]BostonBarrister wrote:
BostonBarrister wrote:
I’ve got a little newsflash for you. Irrespective of what we believe now, pretty much the only minorities the majority of the Founders were concerned about treating fairly were religious and political minorities. The idea of racial equality was pretty much unknown (note: not the idea of being kind to all humans, but the idea that the races were equal in all respects) at that time, and definitely was not a concept embraced by the majority of people who ratified the Constitution. And if you really think that the Founders had gay rights in mind when the passed they ratified the Constitution, or even that the people who ratified the 14th Amendment had gay rights in mind, I have a bridge in Brooklyn I’d like to sell you…
Now, all that means is that gay rights aren’t enshrined in the Constitution as it was originally intended. These days we let judges add things – but even now they have not yet managed to add that.
THis isn’t to argue you couldn’t go and get states to pass anti-discrimination laws that specifically protect gays and guarantee them equality under the law – you could probably also get Congress to pass something under its Commerce Clause authority, which apparently is just about, though is not quite, general power.
Just don’t claim stuff that isn’t there.
100meters wrote:
Thanks for the newsflash! And yet still we have a republic that’s designed to protect minorities. It matters not what they then thought of other races. It also matters not if they could conceptualize gay rights. It doesn’t change the system we have, nor the intent of the constitution and all its amendments which last I checked belonged to americans (I think gays are americans)
I’m sorry, but after reading this three times, I still don’t see your point? Obviously, the type of minority matters when you’re talking about protection, specifically Constitutional protection. Simply floating the idea “I’m a MINORITY!” does not instantly qualify you for specific extra Constitutional protection against legislation you find discriminatory against your group.
The morbidly obese are, thankfully, a minority, but they don’t get special Constitutional consideration when the state legislature passes a food tax. The bottom 20% of the income-bracket is, by definition, a minority, but they don’t get special protection either. And, by the way, the top 20% is also a minority. Obviously you can get into a discussion on how close or how far each of those, and gays, are to actual protected minority groups under the Constitution, but then you’re proving my point.[/quote]
The point contrary to others is that we protect minorities, not the majority. That’s it. I respect your false opinion that gays aren’t a minority—that’s fine however I was responding to someone else’s talk of the “majority’s” rights.
