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The crux of any determination that a law unjustly discriminates against a group... is... that the law is part of a pattern that denies those subject to it a meaningful opportunity to realize their humanity. ...[S]uch an approach must look beyond process to identity and proclaim fundamental substantive rights—including substantive rights to participate on equal terms in the evolution of law and policy. ...[I]mportant aspects of constitutional law, including the determination of which groups deserve special protection, can be given content in no other way.
We do not demand for our own people any more than the basic human rights which we would extend to every nation, people and tribe on this planet: the right to preserve their own territory, traditions and ethnic identity. The right to preserve, in other words, the things which, by marking their differences from the mass of humanity, make them human and turn their society from an ant heap into a community. 'We believe, in a nutshell, in the human right to discriminate.
From a legal point of view, an organisation is a legal person. It is legitimised, under the laws of the land, by a legally recognised and binding constitution specifying purpose, procedures to be followed, hierarchical offices to be taken up, authority to be granted, and membership criteria and categories.
Three years ago the Supreme Court of this nation rendered in simple, eloquent, and unequivocal language a decision which will long be stenciled on the mental sheets of succeeding generations. For all men of goodwill, this May seventeenth decision came as a joyous daybreak to end the long night of human captivity. It came as a great beacon light of hope to millions of disinherited people throughout the world who had dared only to dream of freedom. Unfortunately, this noble and sublime decision has not gone without opposition. This opposition has often risen to ominous proportions. Many states have risen up in open defiance. The legislative halls of the South ring loud with such words as "interposition" and "nullification." But even more, all types of conniving methods are still being used to prevent Negroes from becoming registered voters. The denial of this sacred right is a tragic betrayal of the highest mandates of our democratic tradition. And so our most urgent request to the president of the United States and every member of Congress is to give us the right to vote.
We have a lot more work to do in our common struggle against bigotry and discrimination. I say "common struggle" because I believe very strongly that all forms of bigotry and discrimination are equally wrong and should be opposed by right-thinking Americans everywhere. Freedom from discrimination based on sexual orientation is surely a fundamental human right in any great democracy, as much as freedom from racial, religious, gender, or ethnic discrimination.
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I am addressing those concerned directly: there is no right to recognition of same-sex unions. Homosexuality can be corrected and the psychological deviation that is inherent in it can be removed. I am appealing to you to save the identity of natural and Christian marriage. Only you can save it by rejecting what is not your own.
Many critics of Citizens United believe that corporations have the same rights as individuals because the Supreme Court defines them as people. The proposed constitutional amendment to overturn Citizens United is based on this idea... Yet corporate personhood has played only a secondary role in the corporate rights movement. ...[J]ustices have more often relied upon a very different conception... an association capable of asserting the rights of its members. This... has paved the way for the steady expansion of corporate rights. Indeed, corporate personhood has traditionally—and surprisingly—been used to justify limits on the rights of corporations.
I can think of no right more fundamental than the right to peacefully steward the contents of one’s own consciousness. The fact that we pointlessly ruin the lives of nonviolent drug users by incarcerating them, at enormous expense, constitutes one of the great moral failures of our time. (And the fact that we make room for them in our prisons by paroling murderers, rapists, and child molesters makes one wonder whether civilization isn’t simply doomed.)
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