Gay rights isn't a State's rights issue

[kyzr]

"The right of the people to be secure in their persons....."

That is covered by "providing for the common defense"

Providing for the Common Defense

How much power do you think Congress should hold with regards to national defense? Just going off the U.S. Constitution, it has quite a bit.

www.gop.gov

 

[kyzr]

Supreme court has repeatedly rejected discrimination against gays. Both on theory of "freedom of association" as in the Bill of Rights and also on prohibition of sex discrimination. Some STATES try to claim that their "public accomodations" laws prevail and have failed.

Freedom of Association

The Supreme Court has recognized expressive association and intimate association under the First Amendment. It has also recognized the right not to associate.

mtsu.edu

First Amendment protects two types of associative freedom
There are two types of freedom of association: the right to expressive association and the right to intimate association.

Additionally, the First Amendment protects a right to associate and a right not to associate together.

Intimate association refers to right to maintain private associations without interference​

The right to intimate association refers to the right of individuals to maintain close familial or other private associations free from state interference. Such rights include the right to marriage, the rearing of children, and the right to habitate with relatives.

Some courts place the right to intimate association under the Due Process Clause, but others place it under the ambit of the First Amendment.

Freedom of association often conflicts with anti-discrimination law
A key aspect of freedom to associate is the ability of a group to associate with like-minded persons. Some freedom of association cases have proven difficult to navigate for the courts, because the freedom to associate or not associate often runs headlong into a state public accommodation or anti-discrimination law.

For example, the U.S. Supreme Court addressed the associational rights of the Boy Scouts of America in excluding James Dale, an assistant scoutmaster, because he was gay. The Court ruled 5-4 in Boy Scouts of America v. Dale (2000) that the state “interests embodied in New Jersey's public accommodations law do not justify such a severe intrusion on the Boy Scouts' rights to freedom of expressive association.”

Ok, so riddle me this...
Is it legal to be a polygamist? Why or why not?

Then what about a gay polygamist?

 

[bigrebnc1775]

Calling gay rights a state's rights issue is like saying the first amendment is a state's rights issue. States should not be able to determine is they are going to give people free speech on a case by case basis. States should not be able to decide if they are going to give gay people equal rights on a case by case basis; states shouldn't be able to decide if they can purchase African slaves on a case by case basis.

No it isn't first amendment is a federally protected right gayness is not

 

[TNHarley]

what rights do they not have that everyone else does?

 

[maybelooking]

it isnt an issue at all.

 

[SeaMajor7]

Calling gay rights a state's rights issue is like saying the first amendment is a state's rights issue. States should not be able to determine is they are going to give people free speech on a case by case basis. States should not be able to decide if they are going to give gay people equal rights on a case by case basis; states shouldn't be able to decide if they can purchase African slaves on a case by case basis.

You can be as gay as you want! Who's stopping you????

 

[Lesh]

As a tribal warrior troll -- you can HOPE for that. it's what tribal warrior trolls do.

I wont support it. Even if it IS kicked back to the states. It's a MUCH clearer issue compared to drawing a line at what is a baby.

And the SupCt justices KNOW this. They HAD to get out of the abortion biz. It was stifling public discussion and that discussion IS NECESSARY now. They did the country a great favor by forcing folks to THINK about the complexities of the abortion issue.

I HOPE for nothing of the kind but this activist radical Supreme Court HAS over turned Roe and has stated that numerous past rulings (including the ruling that legalized gay marriage) should be "reconsidered"

They can and very likely will overturn anything they see as part of their political ideology