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View Diary: I WANT Brewer to sign the "please discriminate" bill. (22 comments)

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  •  Bad test case IMHO (1+ / 0-)
    Recommended by:
    Catesby

    because it's distinguishable from Romer. A big factor in Romer was that CO's Amendment 2 singled out one specific class of people not covered by anti-discrimination laws and required them, and nobody else, to fight for the repeal of a Constitutional amendment in order to get such protection, while all other such groups could lobby to get laws protecting themselves through the legislative process, a much easier and less expensive task.

    The AZ bill, on the other hand, leaves all currently-unprotected groups on equal footing, and could be repealed through ordinary legislative means (as opposed to the extraordinary means needed to repeal a Constitutional amendment).

    In fact, I'm not sure anyone could actually show injury from the bill (and therefore have standing to bring a suit) at this time if it became law. AZ's anti-discrimination laws only cover groups that are already protected by Federal law, and the new bill can't override that Federal protection due to the Supremacy Clause. Groups that aren't already protected wouldn't, in any legally relevant sense, become less protected (unlike the situation in Romer).

    So on the face of it, there doesn't appear to be an Equal Protection violation, and therefore the suspect-class designation for GLBT people doesn't come into play. Suspect-class designation only applies to challenges to laws that disproportionately burden the class; it does not confer any protection against discrimination by private actors.

    Unfortunately when smart and educated people get crazy ideas they can come up with plausibly truthy arguments. -- Andrew F Cockburn

    by ebohlman on Tue Feb 25, 2014 at 05:10:59 PM PST

    [ Parent ]

    •  The test case would come (0+ / 0-)

      from liberal companies discriminating against divorced and remarried Christians.

      You bet they will fix the law if they started suffering discrimination.

      •  That discrimination would be a violation of (0+ / 0-)

        Federal law (the Civil Rights Act) and therefore the challenge to the AZ law would be thrown out because the plaintiffs already have access to appropriate redress. Again, the AZ law can't override Federal civil rights laws.

        Unfortunately when smart and educated people get crazy ideas they can come up with plausibly truthy arguments. -- Andrew F Cockburn

        by ebohlman on Tue Feb 25, 2014 at 06:30:09 PM PST

        [ Parent ]

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