Wednesday, December 19, 2012

Homosexuality and the Founding Fathers Part 2

     In Part 1 of this article, I argued that the founding fathers intended for a constitution based on values (implicit) and not on explicits. Society has often reinterpreted the Constitution in order to apply it to ever changing social conditions. I finished my argument with the statement that the Constitution has been amended to include the value of equality, and as such, supports the equality of homosexuals and heterosexuals. In Part 2, I will now support the claim the equality is a value ammended into the Constitution via the Thirteenth, Fourteenth, Fifteenth, Nineteenth, and Twenty-Fourth Amendments.
     When the Constitution was first drafted and signed, slavery was a very real part of American life. Slavery inherently places one race above another; those races are therefore unequal. With the passage of the Thirteenth Amendment, slavery was made illegal by the Constitution. The banning of slavery placed enslaved races on a more level playing field with other races, i.e. they gained a degree of equality. Enslaved races lives were no longer in arbitrary control by their owners. They were now free to make choices for themselves, choices that all other races had been free to make for some time.
     However, a greater degree of freedom was granted by the Fourteenth Amendment. It forced states to accept blacks as citizens and treat them in a manner equal with rights; the blacks were garunteed equal protection of the laws, due process of law, and inherent privileges and immunities of citizens the United States that could not be abridged. These clauses forced the equal treatment of whites and blacks in nearly all respects, further leveling the playing field. In essence, blacks were granted further degrees of equality with whites.
     The Fifteenth and Nineteenth Amendments had the same general affect of granting more people the right to vote. These amendments gave blacks and women respectively equal political say with white males. One again, these amendments increased equality among the citizens if the United States, this time by granting equal political say by more groups of people. The Twenty-Fourth Amendment also grants more people the ability to vote by banning poll taxes. Southern states, in an attempt to stop blacks from voting, placed taxes on the polls that were roo small to harm white people, but that poor blacks (as most blacks were poor back then) from voting. Congress amended the Constitution to promote equality by allowing poor people, mostly blacks, a greater ability to voice their political opinions.
     The Constitution of the United States is a Constitution of values, as society has upheld many times throughout history. The Constitution, through the Thirteenth, Fourteenth, Fifteenth, Nineteenth, and Twenty-Fourth Amendments, has been amended to incorporate the value of equality. Therefore the Constitution upholds equality and promotes a level playing field among all people. Homosexuals are denied many rights, and as such, are not given a level playing field with heterosexuals. This, simply put, is not equality. In fact, since the Constitution supports equality, inequality is therefore unconstitutional. Since homosexuals suffer from inequality with heterosexuals, action to level this playing field is constitutional and vice versa for actions attempting to upset homosexual equality with heterosexuals. In short, the Constitution abhores anti-homosexual legislation and praises homosexual equality legislation.

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