What we are really talking about here is a potential conflict between the 1st Amendment and the 14th Amendment. And it has been up to the courts to decide how to balance and reconcile the rights set out in both of those amendments.RZehr wrote: ↑Fri Jun 11, 2021 10:30 am “Minority rights”, my term, refers simply to rights that are not shared by the majority but are protected from democracy or the mob. One example is the electoral college. Another would be the freedom of speech (which was instituted to as a religious protection). But enough about that term. The real issue at hand here, is the idea that when it comes to religious issues, we can’t expect everyone else to jump to our minority tune, we can’t have a minority control everyone else through intensity. All the while that is exactly what happened with the other groups minority views.
Here is the comment I’m talking about:RZehr wrote: ↑Thu Jun 10, 2021 5:59 pmSomehow it works that way for the LGBTQ folks. And it was a minority that made both homosexual rights and abortion legal in the US.
But it can’t work that way for the much larger, yet still minority, anti-abortion folks? One of the purported benefits of a Republic is supposed to be minority protection, right?
The 1st Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The 14th Amendment states: ...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.
This isn't about "majority" or "minority" rights. It is about "individual" rights because rights apply to individuals not minority or majority groups. This is about reconciling the "individual" right to free expression of religion with the "individual" right to equal protection under the law.
The courts generally seek to find the least restrictive way to uphold one set of rights without infringing on the other. Do they always get it right? Of course not. Many of the decisions in this area are 5-4 decisions so there is obvious disagreement. That is why we have a 9-member Supreme Court instead of a single supreme judge.
