It has come to my attention that the Judicial Branch is exceeding their authority when it comes to the fourteenth Amendment.
The fourteenth Amendment clearly states that all people born or naturalized in the United States are due to equal protection under the law and no state shall deny any person this right. However, the Judicial Branch seems to think that LGBT citizens who were born or naturalized in the United States should not be protected under equally under the law as stated in the fourteenth Amendment.
It has come to my attention that under Article VI of the United States Constitution the Judicial branch is exceeding their authority. Under the Constitution, the Judicial branch is defined in Article III section II clause I, as interpreting laws. Yet the Judicial branch is not fully enforcing section I of the Fourteenth Amendment, which states that:
[a]ll persons born or naturalized in the United States… are citizens of the United Sates…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 the law; nor deny to any person within its jurisdiction the equal protection of the law.
However, it is my belief that the Judicial branch seems to be inferring “[a]ll persons” to mean all heterosexual cisgender persons. And in doing so they are allowing state government to formulate new laws that discriminate against LGBT (Lesbian Gay Bi and Transgender) people.
For instance, the judicial branch has allowed discriminatory laws such as North Carolinas bathroom law (Session Law 2016-3 House Bill 2) to come to fruition. The law states in section 1.2 that in order to use a “single-sex multiple occupancy bathrooms and changing facilities” the user must use the facilities that matches their biological sex, regardless of sex reassignment surgery or hormone injections. However, if you would refer back to the Fourteenth Amendment it clearly says, “nor shall any state… deny to any person within its jurisdiction the equal protection of the law” yet it doesn’t.
Although, the Obama administration did sue North Carolina over their anti-LGBT law; however, they continue to see no problem with the American Red Cross discriminating against gay men. American Red Cross does not allow MSM (men who have sex with men) to donate blood in fear that they have a higher risk of STIs. The reason the Obama administration, the Executive branch, is not enforcing the Fourteenth Amendment is because of the Judicial branch. The Judicial branch does not interoperate the American Red Cross’s MSM policy as discriminatory based on health statistics. This is based on the belief that because the anus does not produce the lubricant a vagina does it is easier to tear, and, therefore, contract an STI, which is true. Although, this fails to mention that men who have anal sex with women are at the same risk; therefore, proving there is no need for the MSM band by the American Red Cross because heterosexual couples are at the same risk.
So, I petition the United States Government to reflect on the Fourteenth Amendment and the judicial branch. In hope that the United States Government see they are wrongly discriminating against the LGBT citizens of America, and hopefully they will rectify their mistake by truly giving LGBT citizens equal rights.
The LGBT Equality petition to US Government was written by Viktor Ciroski and is in the category Civil Rights at GoPetition.