14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
And the reason that pro-gay activist justices are ignoring pro-gay activist states who are violating the 14th Amendment is because these justices undoubtedly know that the corrupt, post-17th Amendment ratification Senate will not lift a finger to work with the House to impeach and remove such justices from the bench.
Good ole 14th amendment strikes again!
The system has been gamed. It is not to blame on the 14th, it is us who allow this crap to continue. This why many people are responding to a guy like Trump.
Being an employee is different. If you can’t sell birth control pills don’t work in a pharmacy. If you can’t issue lawful wedding licenses don;’t be a city or county clerk. If you can’t do abortions don’ work at Planned Parenthood, in the OR or leave and go to a catholic or methodist hospital. Rights don’t trump employer rules and services. If you are openly gay and living in a gay sexual relationship don’t teach at catholic school.
The fact that some one at Abercrombe and Fitch can wear a hijab is a violation of this long standing principle. Employers have the right to determine the products and services. Public agencies have to carry out lawful services. The court has ruled this to be lawful.