Listening
Gold Member
- Aug 27, 2011
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LISTENING SAID:
“If it were a constitutionaly protected right, there would be no court battles going on right now.”
Incorrect.
Citizens are often compelled to seek relief in Federal court when the states violate their protected rights, in this case the right of gay Americans to equal protection of the law.
For example, earlier this month a Federal appeals court reaffirmed as un-Constitutional Florida's public assistance drug test law:
'A Federal appeals court on Wednesday said a Florida law requiring applicants for welfare benefits to undergo drug testing is unconstitutional, a decision that could affect efforts to enforce similar laws in other states.
"By virtue of poverty, TANF applicants are not stripped of their legitimate expectations of privacy," Circuit Judge Stanley Marcus wrote for a three-judge panel. "If we are to give meaning to the Fourth Amendment's prohibition on blanket government searches, we must — and we do — hold that [the law] crosses the constitutional line."
The decision upheld a ruling last December by U.S. District Judge Mary Scriven in Tampa to permanently halt enforcement of the July 2011 law supported by Republican Gov. Rick Scott.'
Court strikes down drug testing for Florida welfare recipients - Orlando Sentinel
Obviously the 4th Amendment's right to privacy and right to be free from unwarranted searches was a protected right before the enactment of the un-Constitutional Florida measure, where a court battle was necessary to indeed protect the right to privacy from the state's excess and overreach.
Incorrect.....
The right to privacy isn't under attack.....
The whole court battle was about whether or not the drug test violated a universally accepted right. There is no disputing that such a "right" exists...it is in the application.
This does not hold as there is no universal right to marry. Marriage is restricted in many instances and applications.
Can't help that.