The lovely people running Gay Patriot have decided I’m not allowed to post comments there any more. Their place, their choice. So I will post my final comments here, instead.
Yet this understanding did NOT include segregation, which was in place both North and South prior to, during and AFTER the Civil War.
Yep. Which was why, at the time, Plessey was a reasonable ruling.
However, as Bork pointed out in The Tempting of America, while the people who approved of the 14th Amendment apparently didn’t see a conflict between “separate” and “equal”, they wrote “equal” into the Constitution. Which is why proof that “separate but equal” wasn’t was sufficient to kill it.
Me: When was it that the US, or even CA, passed a Constitutional Amendment understood by the voters to be preventing discrimination based upon sex?
You: Why do we need one?
Because We The People are sovereign. If we (or our predecessors) didn’t put it into the Constitution, then it’s not there. If it’s not there, then we, now, get to decide what the law should be, not some oligarchy. Even when that oligarchy calls itself a “Supreme Court”.