Did Miss California lose because of her opinion on gay marriage?

[akuma587]

Kasz216 said:

The Ghost of RubangB said:

starcraft said:

@first part:

People like you make race relevant by using similar "separate but equal" arguments to discriminate against gays as were previously used to discriminate against racial minorities.

@second part:

Feeling your mate's balls was you being young and trying to learn about balls and your friend, and may have been sexually exploratory in some way, but definitely not sexuality-defining.  So THAT is irrelevant.  Sexuality is defined by who you love, not whose balls you touch.  I could go grab every nutsack on my block, and it wouldn't turn me or anybody else gay.

Just to play devils advocate... wasn't seperate but equal only considered unconstitutional because it was observed that things that were seperate weren't equal.  IE in practice.

So the colored bathrooms weren't as clean as the white ones etc.

 

If everything actually was equal under the law with how it was handled.  If you had a "Straight Marriage" and "Gay Marriage" and both were given equal rights..

that would be consitituional.

 

No, that's not true.  The Supreme Court said that being separate is inherently unequal.  The only issue that has yet to be decided is really whether homosexuals are a protected class that implicates the Equal Protection.  So far, the Supreme Court has not extended it that far.

Here are the actual holdings from the case:

Brown v. Board of Ed. of Topeka, Shawnee County, Kan.
347 U.S. 483, 74 S.Ct. 686
U.S. 1954.

[3] KeyCite Citing References for this Headnote

92 Constitutional Law
   92XXVI Equal Protection
     92XXVI(B) Particular Classes
       92XXVI(B)8 Race, National Origin, or Ethnicity
         92k3275 Education
           92k3278 Public Elementary and Secondary Education
             92k3278(4) k. Assignment and Transfer of Students. Most Cited Cases
               (Formerly 92k220(2.1), 92k220(2), 92k220)

The segregation of children in public schools solely on the basis of race, even though the physical facilities and other tangible factors may be equal, deprives the children of minority group of equal educational opportunities, and amounts to a deprivation of the equal protection of the laws guaranteed by the Fourteenth Amendment to the Federal Constitution. U.S.C.A.Const. Amend. 14.

[4] KeyCite Citing References for this Headnote

92 Constitutional Law
   92XXVI Equal Protection
     92XXVI(B) Particular Classes
       92XXVI(B)8 Race, National Origin, or Ethnicity
         92k3275 Education
           92k3278 Public Elementary and Secondary Education
             92k3278(1) k. In General. Most Cited Cases
               (Formerly 92k220(2.1), 92k220(2), 92k220)

The doctrine of “separate but equal” has no place in the field of public education, since separate educational facilities are inherently unequal. U.S.C.A.Const. Amend. 14.