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Wednesday, January 5, 2011

Hey women, you're on your own!

Justice Scalia, certainly the most conservative of the Supreme Court Justices (or is it Thomas?), has put the Court back in the news.

Scalia said: "Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws." (He voiced a similar opinion in a speech in September.)

The Equal Protection Clause states: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

 So, "any person" does not include women?

In fact, the Supreme Court ruled unanimously in 1971 that the clause protected women from discrimination.

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