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Amendment 28

UPDATE:  In light of the excellent comments below, I’m wondering if we should just modify the language of the ERA?

  • Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sexual orientation or gender identity.

  • Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

  • Section 3. This amendment shall take effect two years after the date of ratification.
  • —————-

    The majority should never be allowed to deprive the minority of civil rights.  The rights of a minority should be immune from interference, restriction or removal by courts, legislatures or plebiscites.

    The framers of the U.S. Constitution thought that a strong judiciary would protect the minority from the tyranny of the majority.  In a world where justice truly is blind, the system might have worked.  We don’t live in that world.

    We need a new Amendment. I propose the following amendment to the U.S. Constitution.

    Amendment 28 – Protecting the Minority from the Majority

    No law, policy, executive order, ruling, constitutional revision or amendment shall be passed at any level of government which prevents the minority from enjoying full access to civil law or the constitutional protections enjoyed by the majority.

    I’m not a constitutional scholar, so if someone wants to suggest better wording, have at it!Perhaps this is overkill, given that the 14th Amendment promises “equal protection of the laws”.  However, as I understand it, some legal scholars perceive wiggle room in the 14th Amendment.  Obama certainly feels free to ignore it, and we all have serious reservations about how most of our Supreme Court Justices interpret it.  So let’s make our point clear.  Let’s start talking about the 28th Amendment.  It has less chance of passing than did the Equal Rights Amendment (also killed with the aid of the Mormons, btw), but like the ERA the ensuing debate will bring about positive changes.

    Oh, we need a name for the amendment since “Equal Rights Amendment” is a perfect name but already taken.  Ideas?

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