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Old January 26th, 2018, 03:02 PM   #11
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But that is a societal change, not really a constitutional matter it appears to me.
I donít know if I can agree that societal change isnít a constitutional matter. Looking at whatís going on with the gay community it seem pretty discriminatory. You are right though, the divide in this country is making it nigh on impossible to effect the change that is needed.
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Old January 26th, 2018, 04:30 PM   #12
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I donít know if I can agree that societal change isnít a constitutional matter. Looking at whatís going on with the gay community it seem pretty discriminatory. You are right though, the divide in this country is making it nigh on impossible to effect the change that is needed.
Gay rights are and should be covered under the 14th amendment. Pretty simple.
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Old January 26th, 2018, 04:58 PM   #13
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Gay rights are and should be covered under the 14th amendment. Pretty simple.
they should be protected under the 14th - but they aren't without additional laws and banning of other ones that discriminate
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Old January 26th, 2018, 05:44 PM   #14
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the constitution wasn't supposed to be an evolving document...I just had to convince someone that it has...
it is suppose to evolve via the amendment process not altering the original intent of the authors of the Amendment or Article.
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Old January 26th, 2018, 06:33 PM   #15
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There is also the Article V Convention of the States method to amend the Constitution, if Congress does not want to do something....which is under consideration right now....
Requires 34 state legislatures. You have 34 state legislatures?
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Old January 26th, 2018, 06:47 PM   #16
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they should be protected under the 14th - but they aren't without additional laws and banning of other ones that discriminate
Actually we don't need more laws. We need less. We need the courts to continue striking down those laws that are discriminatory. It's a very simple question for most of them. If a law, any law, separates or segregates certain people or groups whether taking away or granting additional privileges then they are unconstitutional.

Marriage is a good example. Marriage itself is not regulated or even guaranteed by the constitution. However the federal government and every state in the nation grant certain privileges and benefits to those that get married. Any attempt by the government to define marriage then becomes a case of institutionalizing discrimination. And yes that includes plural marriage. No it does not include marrying your sheep or horse as they are incapable of expressing consent. So under the 14th any benefit or privilege granted because you chose to get married applies to pretty much any consenting adult. Of course it could be argued that those very benefits are themselves unconstitutional. I have been married but seriously doubt I ever will be again. Why should my neighbors receive some benefit because a piece of paper and a few words spoken by some officiate ??

They're about to take up Sunday liquor sales here in Tennessee. You can buy beer on Sundays but not hard liquor or wine. It seems disingenuous, and frankly, hypocritical to me as I don't see any difference between beer and the other beverages. Alcohol is alcohol. The larger question is the constitutionality of the liquor ban in the first place. I firmly believe the ban is in direct violation of the First amendment. There simply is NO LEGAL reason or rational for not allowing Sunday sales. It is PURELY the politicians of the past pandering to a religious base and enacting a law that is nothing more than imposing a religious ban on the population. As such the state is expressly prohibited by the First to enforce such a ban. In truth almost all of the old blue laws were unconstitutional.

So no, we don;t really need any new laws. We just need to keep striking down the ones that are clearly unconstitutional because they either discriminate or they are imposing a religion on the people.
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Old January 27th, 2018, 05:20 PM   #17
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Changes as we learn and treat each other as equals, which in my opinion, the Constitution has always severely lacked...I had to remind a 70 something woman that it was an evolving document or she wouldn't have the right to vote!
She has the right to vote due to a Constitutional amendment,the 19th amendment. It was passed and signed in as an amendment. That is not evolving, that is working like it is supposed to. I am equating the word evolve to "living document" nonsense.
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Old January 27th, 2018, 05:22 PM   #18
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Requires 34 state legislatures. You have 34 state legislatures?
The Republican party currently has 32 if that is what "you" means. Other than the hate filled partisan bullshit that you seem to enjoy throwing around
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Old January 27th, 2018, 05:27 PM   #19
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She has the right to vote due to a Constitutional amendment,the 19th amendment. It was passed and signed in as an amendment. That is not evolving, that is working like it is supposed to. I am equating the word evolve to "living document" nonsense.
Yes you know exactly what they mean by evolving. They do not mean amendments. They mean interpretting things on the constitution and having judges working around actually making proper amendments.
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Old January 27th, 2018, 08:37 PM   #20
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Yes you know exactly what they mean by evolving. They do not mean amendments. They mean interpretting things on the constitution and having judges working around actually making proper amendments.
Evolving means changing in response to the environment.
With regards to the constitution, the change can be in the form of amendments or of court decisions, or statutes.
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