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"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
by jfengel 3y ago
"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." -- Antonin Scalia
It would be great if we could trust that laws would be interpreted as general and comprehensive. But laws mean what the judges want them to mean, which can be narrow or broad depending on their inclination.
Right now the inclination of the top court is that if a protection isn't spelled out, then you don't have it.
- quantified 3y agoRight. Scalia or Thomas would strike down those things called laws because they prevent things that were historically allowed (originalism).