SCOTUS Strikes Down Law Favoring Unwed Mothers Over Unwed Fathers (user search)
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  SCOTUS Strikes Down Law Favoring Unwed Mothers Over Unwed Fathers (search mode)
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Author Topic: SCOTUS Strikes Down Law Favoring Unwed Mothers Over Unwed Fathers  (Read 512 times)
MarkD
Junior Chimp
*****
Posts: 5,274
United States


« on: June 14, 2017, 06:30:12 PM »

There is, of course, no clause in the Constitution requiring the federal government to treat everyone equally. What the Supreme Court has been doing, since WWII, is "interpreting" the Due Process Clause of the Fifth Amendment as if that clause requires equal treatment of the laws. That "interpretation" is, as Prof. John Hart Ely said in a famous 1980 book, "gibberish both  syntactically and historically." (See "Democracy and Distrust," by Ely, page 32.)
All of the Justices subscribe to this misinterpretation, probably because there aren't any lawyers brave enough to try to argue to the Court that it needs to re-examine this doctrine.
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MarkD
Junior Chimp
*****
Posts: 5,274
United States


« Reply #1 on: June 14, 2017, 08:21:32 PM »

There is, of course, no clause in the Constitution requiring the federal government to treat everyone equally. What the Supreme Court has been doing, since WWII, is "interpreting" the Due Process Clause of the Fifth Amendment as if that clause requires equal treatment of the laws. That "interpretation" is, as Prof. John Hart Ely said in a famous 1980 book, "gibberish both  syntactically and historically." (See "Democracy and Distrust," by Ely, page 32.)
All of the Justices subscribe to this misinterpretation, probably because there aren't any lawyers brave enough to try to argue to the Court that it needs to re-examine this doctrine.

People like you are why we need to pass the Equal Rights Amendment. Of course "pro-lifers who are only pro-life because we are so concerned with the fetus but support equal rights" won't support it.

Some "pro-lifers" might be afraid that ERA will mean that laws banning abortion will be unconstitutional -- those laws are discriminatory against women. Whether or not all "pro-lifers" feel that way, it's kind of ironic for you to mention a reason why we need to adopt an ERA, even more so as that you're accusing ME of being a reason why we need one. See my signature line? I want an amendment to be adopted that rewrites Section 1 of the 14th Amendment to make its meaning narrower and clearer. It just so happens that what I've drafted includes the principle of the ERA, and imposes the rule of sexual equality on the federal government too.
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