
Originally Posted by
void_dweller
It is the same principle as far as I am able to discern. It is discrimination the same as laws against children born of two races was discrimination. Simply put it is the same old mantra of "you're different, me and my buddies hate you and will discriminate against you, cause your life to be a living hell." And discrimination and hate crimes violate federal law. {snip}
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You touched upon the crux of the matter, discrimination, specifically in regards to federal laws and statues pertaining to homosexuals. Now here’s the tragic part, people assume the US Government has laws prohibiting discrimination by sexual orientation…it doesn’t.
My common sense, as well as yours, tells me this is blatant discrimination against homosexuals and needs to be corrected at the federal level, but it hasn’t. Clinton and the democrats never attempted to change that, Bush and his cronies were anti-homosexual and Obama and the cowardly democrats, despite his advantage of having a super-majority in congress his first year in office, never even tried to rectify this. The reality here is that there are special interest groups with deep pockets either blocking or stonewalling any legal efforts to gain homosexuals their inherent rights.
As with marriage, if a right is not mentioned in the Constitution, it becomes a state right, which is where you see the most progress being made for gay rights. Wisconsin, for example, has a law prohibiting discrimination against homosexuals ( http://hosted.law.wisc.edu/wjlgs/iss...ernobanner.pdf ) but also has a law prohibiting carnal acts between homosexuals. (Go figure) Many Wisconsin municipalities such as Milwaukee, Madison, Racine and Green Bay, have enacted their own laws making it illegal to discriminate against gays in employment and housing and also offers same-sex benefits. This same kind of practice has been going on in just about all the states, well, leastways in states where people are educated and not under the influence of archaic and hateful beliefs.
Remedies:
1 - As I pointed out, when Obama and the gutless congressional democrats had a chance to change the federal anti-discrimination laws to include homosexuals, they never even attempted. I do not expect the Teapublicans in congress, whom are already rabidly anti-homosexual, to do it either. If they will not change the discrimination laws, they certainly will not pass a law allowing gay marriage.
2 – Amendment to the Constitution? Perhaps in the near future but more states need to allow same-sex marriage for the votes to be there.
3 – The Supreme Court? This a very conservative, right leaning court, especially with the likes of Scalia and Thomas sitting on the bench. Mind you, this is the same court that in a moment of idiotic and foolish jurisprudence, allowed the corporations to become people, in the “Citizens United” ruling. This is not a good time to mount a constitutional challenge in regards to discrimination in same-sex marriage. With the exception of the “Dred Scott” ruling, SCOTUS historically, never changes its decisions. There is every reason to believe that the present Supreme Court would not rule favorably upon same-sex marriage.
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