A number of European members have questioned why federal laws, protecting GLBT rights and against hate crimes, have not been passed in the US. This post is just to explain the Constitutional issues that make this difficult or impossible BY THE LAW OF THE LAND.

"If enacted, the law will almost certainly be challenged in court. The Constitution does not grant the federal government any general police power - prosecuting crime is primarily a state and local responsibility - and it is far from clear that the Supreme Court would go along with a congressional attempt to federalize such a broad swath of criminal law."

http://www.boston.com/bos[...]others/

Blame George III (ok it wasn't his fault really, he was disabled). The Constitution of The United States of America was designed to limit central, Federal power and to reserve powers to the States. It was to avoid those situations that were seen as problems with centralized power to the British government. In doing so, America also limited the power of the central government to do good. We still have not passed the Equal Rights Amendment for women. Our form of government is, unsurprisingly, not perfect.

I hope this helps some of you understand what seems, on the surface, to be an inexplicable deficiency with the American form of government. Change is slow here. It was designed that way to foil usurpation of power from the people. It has good and bad points. Like guns, it is our heritage from our history and culture. We can trace the American devotion to firearms back to the Colonial period, the American "Revolution" (it wasn't, we screwed up, the war was an accident) and the French Revolution (it was, they intended to revolt).

It is not a question of humanity, or what is "right" or "moral". It is a question of Constitutional Law and our system of checks and balances. An Equal Wardrobe Amendment will be a long time coming.

Wendy,

Thankyou for your post, I have taken the liberty of posting your post to a new thread here, perhaps our sisters across the world would like to add their comments on how their laws work, Mainly in regard to transgendered issues and their rights under their laws. Should be interesting making comparisons.

Good post Wendy, I thoroughly enjoyed reading.

I've seen huge political changes in Europe in my lifetime and I guess it was necessary to change Europe from the antiquated old world to a more modern approach. Still a pile of poo tho lol.

I would like to add a couple of my favorite Thomas Jefferson quotes.

A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.

and...

All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.


And while I'm tossing about favorite quotes....

IMAGINE

Imagine there's no heaven. It's easy if you try.
No hell below us, above us only sky.
Imagine all the people living for today.

Imagine there's no countries. It isn't hard to do.
Nothing to kill or die for, and no religion, too.
Imagine all the people living life in peace.

You may say I'm a dreamer, but I’m not the only one.
I hope some day you'll join us and the world will be as one.

Imagine no possessions. I wonder if you can.
No need for greed or hunger, a brotherhood of man.
Imagine all the people sharing all the world.

You may say I'm a dreamer, but I’m not the only one.
I hope some day you'll join us and the world will live as one.

-John Lennon