Worst. Justice. Ever.

Here is what Section 1 of the 14th Amendment says:

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; 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.

Contrast this with what Justice Scalia believes.

Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws.

Actually, someone did vote for that: the 1971 Supreme Court. But then Scalia, in a purely political effort to support his all-around bigotry, is an originalist. For those paying attention, that’s just code that lets him pretend the principles espoused in the Constitution are only to apply to the times when they were first written. But then if that was true, we wouldn’t really be talking about principles anymore, now would we?

Worst. Justice. Ever.

Virginia AG gets bitched slapped

On March 4, Virginia Attorney General Ken Cuccinelli sent a letter to Virginia’s public colleges and universities telling them they ought to allow discrimination against gays. (Because gay people don’t deserve employment or education, I guess.) Less than a week later, Governor Bob McDonnell issued an Executive Directive (which I apparently missed until today).

“Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution,” the new directive said in response to the letter.

“Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited.”

I love it…”without a rational basis is prohibited”. No one can offer a legitimate argument as to why sexual orientation is relevant to any public job. The only basis is bigotry and unqualified hatred.

But I’m torn. I can’t decide if the best part of this is the fact the equality is being enforced or if it’s Cuccinelli’s bitch slap reaction.

“I applaud Governor McDonnell for the tone he is setting for the Commonwealth of Virginia. I will remain in contact with the Governor and continue to work with him on issues important to Virginians,” Cuccinelli said. “I expect Virginia’s state employees to follow all state and federal anti-discrimination laws and will enforce Virginia’s laws to the fullest extent.”

“Because I don’t want to get fired.”

Okay, that whole equality jazz is always better, but there’s still a satisfaction in seeing a bigot’s views pushed to the side.

Let’s make it simple

The gay marriage issue is not about sexual orientation. I’ve said it again and again. It is about sex. Here is the best explanation why.

  • Straight man + straight woman = marriage
  • Straight man + gay woman = marriage
  • Straight man + gay man = no marriage
  • Straight man + straight man = no marriage
  • Gay man + gay man = no marriage
  • Gay man + gay woman = marriage
  • Straight woman + straight woman = no marriage
  • Straight woman + gay woman = no marriage
  • Gay woman + gay woman = no marriage

In every instance where a man and woman are on one side of the equation, marriage is allowed in every state. In every instance where the same sex is on the same side of the equation, marriage is not allowed in every state. The clear conclusion is that sexual orientation is not at issue in the least – legally speaking. Currently, the government is willfully discriminating on the basis of sex. That is illegal. It needs to stop.

Let's make it simple

The gay marriage issue is not about sexual orientation. I’ve said it again and again. It is about sex. Here is the best explanation why.

  • Straight man + straight woman = marriage
  • Straight man + gay woman = marriage
  • Straight man + gay man = no marriage
  • Straight man + straight man = no marriage
  • Gay man + gay man = no marriage
  • Gay man + gay woman = marriage
  • Straight woman + straight woman = no marriage
  • Straight woman + gay woman = no marriage
  • Gay woman + gay woman = no marriage

In every instance where a man and woman are on one side of the equation, marriage is allowed in every state. In every instance where the same sex is on the same side of the equation, marriage is not allowed in every state. The clear conclusion is that sexual orientation is not at issue in the least – legally speaking. Currently, the government is willfully discriminating on the basis of sex. That is illegal. It needs to stop.