Liti-Gator Wrote:
Apr 01, 2013 1:37 PM
The Equal Protection Clause, as a general constitutional clause, like many of the others, are not absolute. Freedom of speech and religion are not absolutes. That is obvious, you can not defame someone, etc. If we took an absolutist view of equal protection, there could be no law at all, as all legislation has preferences/priorities/distinctions. For example, millionaires paying higher taxes doesn't violate epc, as that was not the intent. The intent was largely focused on eliminating racism and sexism, which is why segregation and laws against interracial marriage were unconst. However, the framers and the public at the time, had no idea that they were eliminating one man, one woman definition of marriage. The courts have no authority...