[Winona Online Democracy]
The real question is, are gay citizens guaranteed equal protection of the laws?The Equal Protection clause of the 14th Amendment bans states from denying any person the rights guaranteed to other persons. In other words, if a state denies a right to one person or group and not to another, whether that denial is based on tradition, religious fervor, opinion polls, neurotic anxiety or whim, it usually signals a case of discrimination, and the 14th Amendment requires the federal courts to intervene. The Supreme Court has found such cases so compelling that it applies a standard of �strict scrutiny,� a heightened level of review. It uses this standard in cases where fundamental rights are in jeopardy.Marriage, the Supreme Court has ruled, is one such �fundamental� right. While state governments administer marriage and the right to receive the special benefits granted to those whose marriage is registered and recorded, the court has reserved the authority to invalidate any state action that subverts the right. In 1967, for example, it struck down all state laws designed to prevent marriages between people of different races.And so, framed in constitutional terms, the question now facing us is, are gays �persons� under the 14th Amendment?-Ron Manuto & Patrick O'RourkeWhat a question. This is an op-ed piece written for a California newspaper (sorry, I haven't bothered to google and find out wich one). I'm guessing a gay marriage amendment is now DOA in St. Paul after the Grand Old Party lost its shirt in the House. I also don't see any marriage challenges coming down the pike in Minnesota courts (a deliberate strategy?).Thus, we have an opportunity in Minnesota (and in Winona)to let the matter rage outside our borders and have ourselves a little talk. How do we address this new situation? It is no longer illegal to be gay. That was a 6-3 decision by a fairly conservative US Supreme Court. At the time of the ruling Minnesota still had a sodomy law on the books, although it had been rendered inert by our state courts (it's still there, by the way).That it was essentially illegal to be gay (you know what I mean) made it easier to justify excluding GLBT people from mainstream society. Now that all of these fine folks are law abiding citizens...what do we do?That's my question. I was in the old Central Lutheran campus center the night it was picketed by anti-gay protesters. My recollection is that the center allowed a gay group to meet there. The protesters were non-violent but it was spooky.That was over ten years ago. Have things changed here?Hooray for The Maritime Heritage Society for choosing to locate the Thompson near the commercial harbor! A 'Museum of the Working River' sounds grand! (I sound like Barbara Carlson)To those who want to know why the referendum failed, work those precinct totals.And to Dwayne Voegli, for reminding me to post...thank you.Bob SeboWinona_______________________________________________ This message was posted to Winona Online Democracy All messages must be signed by the senders actual name. No commercial solicitations are allowed on this list. To manage your subscription or view the message archives, please visit http://mapnp.mnforum.org/mailman/listinfo/winona Any problems or suggestions can be directed to mailto:[EMAIL PROTECTED] If you want help on how to contact elected officials, go to the Contact page at http://www.winonaonlinedemocracy.org
