SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Foreign Affairs Discussion Group

 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: Oeconomicus who wrote (154420)12/19/2004 9:28:40 PM
From: epicure  Read Replies (1) of 281500
 
bigotry is defined in the dictionary- when the shoe fits...

I don't think I said stupid.

As for discrimination, you are incorrect as to what you believe about the constitution. The Supreme Court (which evolved the test for strict scrutiny) need not give strict scrutiny to discriminatory legislation because it only needs to give strict scrutiny to discrimination against protected classes, but that does not mean it gives no scrutiny to other discrimination- it simply applies a looser test- protected class has nothing to do with whether or not something is discrimination, it only determines what type of scrutiny the court must give the discriminatory legislation when it considers it.

The definitions of discrimination:

4 entries found for discrimination.
dis·crim·i·na·tion ( P ) Pronunciation Key (d-skrm-nshn)
n.
The act of discriminating.
The ability or power to see or make fine distinctions; discernment.
Treatment or consideration based on class or category rather than individual merit; partiality or prejudice: racial discrimination; discrimination against foreigners.

discrimination

n 1: unfair treatment of a person or group on the basis of prejudice [syn: favoritism, favouritism] 2: the cognitive process whereby two or more stimuli are distinguished [syn: secernment]



"Since sexual preference is not a protected class under the constitution, society defining civil marriage based on society's own standards and beliefs is not discrimination just because some don't like the definition. Society puts all sorts of limitations on what constitutes a legal, or illegal, marriage. For example, polygamy is illegal in all states. Yet some people hold beliefs that allow for or even encourage polygamy. Is denying them a multi-spouse marriage license discrimination? I don't think so."

It's pretty obvious that discrimination is what you and society use to define marriage narrowly (and it's obvious that we discriminate against the class of people who would like to practice polygamy, and imo the Mormons can make a pretty good case for polygamy, and should get strict scrutiny for the prohibatory statutory language militating against polygamy because of the religious nature of their desire to practice polygamy, jmo). Now you can argue that discrimination is justified, but to argue it isn't discrimination, when you are obviously dealing with classes of people, and discriminating between them based on class status, and doling out state sanctioned goodies based on what class one belongs to, is just wrong. You are mistaken if you think you are not dealing with discrimination here. The law in this area is interesting- you might consider reading up on it.
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext