Something the Dog Said wrote: Not surprisingly, I am correct. The 14th Amendment, and in particular the Equal Protection clause, ensures that all persons are entitled to equal protections under the law. This has been consistently applied by the Supreme Court and lower courts to ensure that women may not be discriminated against based on their gender. Despite what Scalia says, legislatures may not pass laws that discriminate based on sex.
Nowhere have I stated that the 14th Amendment applies to the hiring practices of private businesses. My disgust with Scalia's viewpoint is directed to his views that the 14th Amendment does not apply to laws discriminating against portions of the American public, that the definition of "persons" does not apply to protect women from discriminatory laws.
Tell me Dog, do you think the people who wrote the amendment and ratified it believed that it did? Do you think it was intended from the outset to be what the liberal, by which I mean other than literal, interpretation of the amendment has attached to it? Do you think the legislature that wrote it and the populace that ratified it intended to prevent discrimination against women at a time when the laws of the several states denied them suffrage? If the 14th Amendment prohibits discrimination based upon gender, why then was the 19th Amendment necessary at all?
