Question About the Constitution

Happy Birthday starrchilde!

I need to get to bed earlier tonight. I resent waking so late and having so much of the day gone!

I’m wondering—if one constitutional amendment violates something that’s already in the constitution, can the amendment be struck down by the Supreme Court?

For instance, the 14th amendment says:
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; 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 proposed constitutional amendment banning same-sex marriages would deny equal protection under the law to those who want to marry someone of the same sex.

So which one would be right? Would they strike out that part of the 14th amendment, or alter it to say “except queer people,” or what?

Current Mood: 😕curious
Category: LJ
Cyn is Rick's wife, Katie's Mom, and Esther & Oliver's Mémé. She's also a professional geek, avid reader, fledgling coder, enthusiastic gamer (TTRPGs), occasional singer, and devoted stitcher.
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