LightPattern
Senior member
- Feb 18, 2013
- 413
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Had the Amish been the majority in Pennsylvania and tried to implement most of their ideals they would get smashed by the courts as they should. Civil rights are not a state issue.
If divorce was used to discriminate against a certain group (say only allowing whites to divorce), it would become a civil rights issue.
Back when the LDS did it (implemented ideals) in Utah the courts didn't take them down, congress actually passed a law that "smashed" them. Abe Lincoln signed it I believe.
The law was amended, then repealed later when the LDS were no longer viewed as a threat.
Interpretations of civil rights are State issues when they involve something States have the power to regulate - like marriage. It's really not cut-and-dry which is why the SCOTUS is hearing the Prop 8 case at all.
Regarding divorce.. it's different from marriage as not being an established civil right. I'm trying to think how a Justice might squeeze it in under "Equal protection" but I hope they'd hit the same wall I am.