Thursday, May 14, 2015

How John Bingham's edits to the 14th Amendment paved the way for gay marriage.


A pre-SCOTUS look at one of the main issues:

Bingham’s key move was to craft a new provision that promised “equal protection of the laws” for all persons, not just African Americans. In one of the most important edits in American history, Bingham added text that was, as he later explained, “a simple, strong, plain declaration that equal laws and equal and exact justice shall hereafter be secured within every State of the Union,” guaranteeing “equal protection” for “any person, no matter whence he comes, or how poor, how weak, how simple—no matter how friendless.” 

Without Bingham’s revisions to Section 1, it’s entirely possible that the equal protection clause would have outlawed only racial discrimination—a major addition to our Constitution, to be sure, but a long way from the provision that we have today. Instead, Bingham incorporated into our Constitution the broad promise of the Declaration of Independence that “all men are created equal.” Better still, he perfected and universalized it by substituting the word “person” for Jefferson’s “men.”
How John Bingham's edits to the 14th Amendment paved the way for gay marriage.

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