I totally disagree with the Obama administration in this case. The courts should end "don't ask, don't tell on constitutional grounds. The policy as the federal cour ruled violates the freedom of speech guarantees under the 1st Amendment and due process provisions of the 14th Amendment. Freedom from discrimination should be recognized as a fundamental right under the constitution. Racial segregation was ended by congress and the courts never held that African Americans had a fundamental right to be free of discrimination. This was and is both morally and legally wrong. Kentucky senatorial candidate Ran Paul has said that he disagrees with the open accommodation provisions of the 1964 civil Rights Act which ended racial discrimination. Congress could, if a majority thought like Paul, repeal the 1964 Civil Rights Act and we could return to legal segregation in America. I do not expect this to happen but it is possible. If the Supreme Court had found that racial discrimination violates the 14th amendment then congress would not have the power to abridge this right. The 14th Amendment's legislative intent was to end second class citizenship specifically for African Americans but it expressly covered all Americans which includes gay Americans. Congress should not have the power to grant or withhold these fundamental rights of American citizenship.
John H. Armwood
No comments:
Post a Comment