A few posts ago a gentleman presented a comment which I just today published. Given it was well articulated and he took thet trouble to both visit our site and weigh in on the current debate, I thought the decent thing to do (given my delay in its being published) was present it in post format.
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Michael Ejercito said...
'As I said before, "separate but equal" has been determined to be un-Constitutional, so rather than re-inventing the wheel, let's discuss how to fix the wheels we have so that no one is left off the cart.'
There is a slight misconception there.
Constitutional case law has always held gender discrimination to a lower level of scrutiny than racial discrimination.
The Fourteenth Amendment was insufficient to strike down laws restricting voting on the basis of sex ( Minor v. Happersett ); it took the Nineteenth Amendment for the United States Constitution to forbid voting restrictions on the basis of sex.
Men, but not women, are required to register for Selective Service. Public schools are permitted to offer separate extracurricular programs for boys and girls, provided that the programs are equal.
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I should note here that I am awaiting Titus's confirmation of my summary post below so as to close this thread (read: get on it cheetoh).
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