Martine, thanks for your article. Just a quibble about the 14th Amendment. I think you are using the wrong clause to make your point. The “No state shall make and enforce any law…” was put in place to keep a state from creating a law which removed protection under federal law. It has an interesting history, but the examples you give are cases of individuals or groups discriminating, not the state enforcing a law.

Jim Crow laws were an example of state laws which were stuck down using the 14th Amendment clause you cite. Where this clause has mattered more recently is marriage law, where a state makes a law that says a marriage is between and man and a woman. It is the lack of anti-discrimination law that is the problem you refer to.

In the case of discrimination, it is another clause of the 14th amendment that matters more, namely, the equal protections clause: “nor shall any State […] deny to any person within its jurisdiction the equal protection of the laws”. So if a state has a law that says you can’t fire someone because of their race, isn’t equal protection that you can’t fire them because of their religion or because of their sex … or because of their identified sex/gender? Of course, the last one is still being decided.

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