Quote Originally Posted by a completely inoffensive name View Post
That is why your arguments are terrible. Original Intent is asking for the Constitution to be followed according to the Founding Fathers. Leaving aside the fact that there is never one intent for any part of the Constitution, the Constitution as written does not give the Supreme Court Constitutional Interpretation. The Supreme Court gave themselves that power 14 years after the Constitution was ratified. Asking for original intent is asking for a SCOTUS that does not decide what the Constitution says. Therefore according to original intent, anything is Constitutional as long as it is passed by Congress.

Not even the Founding Fathers wanted original intent:



Btw, the state is denying rights to homosexuals if they allow for private individuals to exclude from from commerce. Homosexuals have to live in a society which restricts their choices but heterosexuals do not receive the same treatment from homosexuals, so they live in a fundamentally different society and standard of living from homosexuals. That's unequal protection under the law. When you have a society that persecutes a minority group, state inaction is equivalent in practical manners to denying rights through law.
That is an interesting word, usufruct. I have never heard it before. Your argument by Jefferson is being taken out of context. The next generation can change the law, but the interpretation of the law as written does not change. As long as a bill does not violate the Bill of Rights (which acknowledged, not granted, those rights), yes, passing it would be constitutional if it was in the bounds of what Congress was constitutionally allowed to do. If not specifically granted Congress, and not mentioned in the Bill of Rights, the states or people could decide on it.
As to denying homosexuals services, remember our founding fathers deemed homosexuality a crime, and thus their rights would have been forfeit. In fact, Jefferson advocated dismemberment as a punishment for sodomy. Several states had the death penalty for it. Therefore, homosexuals would not have been defended. And homosexuals are welcome to deny service to heterosexuals, have you heard of a gay bar? I saw an article not long ago that one just refused a man for being dressed like a woman, not that that is really relevant to this conversation, just something I found amusing.