Judge: Kentucky clerk need not issue gay marriage licenses amid court case

The Equal Protection and Due Process Clauses don't specifically mention racial discrimination either, so do you argue that discrimination based on race should be permissible under those clauses?

The 14th Amendment was made to protect freed slaves from discrimination. That is why racial discrimination is protected under the 14th Amendment.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and 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; 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.

The “Negro,” or “African race,” according to the Chief Justice, was ineligible to attain United States citizenship, either from a State or by virtue of birth in the United States, even as a free man descended from a Negro residing as a free man in one of the States at the date of ratification of the Constitution.2 Congress, first in Sec. 1 of the Civil Rights Act of 1866 and then in the first sentence[p.1566]of Sec. 1 of the Fourteenth Amendment, set aside the Dred Scott holding in a sentence “declaratory of existing rights, and affirmative of existing law. . . .” This Amendment made it possible for African Americans to be considered citizens of the United States and thus provide a pathway for the abolishment of racial discrimination. Source. I shouldn't be teaching history on reddit bro.

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