My statement is factually correct. Whether you like it or not, the Equality Act makes the following “false statement”:
“Discrimination by State and local governments on the basis of sexual orientation or gender identity in employment, housing, and public accommodations, and in programs and activities receiving Federal financial assistance, violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States.”
That is a big fat lie! The irrefutable fact is, the 14th Amendment does not prohibit by its text, nor was it intended by those who framed and ratified the amendment, to prohibit a state to make distinctions in law based upon sex. The idea that the 14th Amendment does prohibit distinctions based upon sex was invented by Justice Ginsburg who engaged in judicial tyranny in the Virginia Military Academy (VMI) case.
In delivering the Court’s opinion in the Virginia Military Institute (VMI) case, decided June 26, 1996, which commanded the Institute to accept women by citing the 14th Amendment as forbidding sex discrimination, Ginsburg pointed to previous Supreme Court rulings and a court invented test unknown to our founding fathers or the 39th Congress, and asserted a party seeking to uphold government action making a distinction based upon sex must establish an “exceedingly persuasive justification” In addition, Ginsburg noted, “The justification must be genuine, not hypothesized or invented post hoc in response to litigation. And it must not rely on overbroad generalizations about the different talents, capacities, or preferences of males and females.”
But to this day, neither Justice Ginsburg nor any Supreme Court Justice has ever established by the text of the 14th Amendment, nor its legislative intent as expressed during the debates of the 39th Congress which framed the amendment, that its purpose was to forbid distinctions based upon sex.
The unavoidable truth is, Justice Ginsburg couldn’t establish this prohibition because time and again during the debates when the 14th Amendment was being framed the intended prohibition against discrimination was identified as being limited to discrimination based upon “race, color, or former condition of slavery”, and was only intended to apply in a very narrow area protecting the civil, not political rights, of Blacks: “to make and enforce contracts, to sue…to inherit, purchase…property as was then enjoyed by white citizens. “Congress did not assume…to adjust what may be called the social rights of men…but only to declare and vindicate these fundamental rights. ” See the Civil Rights Cases, 109 U.S. 3,22 (1883) for confirmation.
As a matter of fact one of the supporters of the 14th Amendment during the 39th Congress, summarized the very purpose of the amendment as stated by the Supreme Court in the Civil Rights Cases. He says:
“Its whole effect is not to confer or regulate rights, but to require that whatever of these enumerated rights and obligations are imposed by State laws shall be for and upon all citizens alike without distinctions based on race or former condition of slavery…It permits the States to say that the wife may not testify, sue or contract. It makes no law as to this. Its whole effect is to require that whatever rights as to each of the enumerated civil (not political) matters the States may confer upon one race or color of the citizens shall be held by all races in equality…It does not prohibit you from discriminating between citizens of the same race, or of different races, as to what their rights to testify, to inherit &c. shall be. But if you do discriminate, it must not be on account of race, color or former conditions of slavery. That is all. If you permit a white man who is an infidel to testify, so you must a colored infidel. Self-evidently this is the whole effect of this first section. It secures-not to all citizens, but to all races as races who are citizens- equality of protection in those enumerated civil rights which the States may deem proper to confer upon any race.” ___ SEE: Representative Shallabarger, Congressional Globe, 1866, page 1293
JWK
The Equality Act attempts to pass legislation authorized under the “Equal Rights Amendment” which was rejected by the American people, and thus, to this degree, is a usurpation of power not granted.