Removing State Constitution Badges of Inferiority

Authors

• Allan W. Vestal, Drake University Law School

First Page

1151

Abstract

Our state constitutions contain archaic, ineffective, and unnecessary provisions that assign badges of inferiority to some citizens. Using Thomas Jefferson’s standard for when constitutional imperfections justify amendment, this Article identifies two groups of clauses. The first are provisions that were substantially exclusionary as enacted and relate to unconstitutional practices. Included are provisions relating to religious tests for public office, segregated schools, bars to marriage equality, and religious tests for witness competency. The second group are provisions that were symbolically exclusionary as enacted and are redolent of a prejudiced history. Examples involve the use of gendered language, clauses which make inappropriate substantive distinctions based on gender, clauses which differentiate based on religious belief, and provisions relating to the Rebellion. Vestiges of the discrimination and bigotry that allowed these provisions remain. To prevent continuing injury to those to whom the provisions assign badges of inferiority, these archaic, ineffective, and unnecessary provisions should be removed from our state constitutions.

Recommended Citation

Allan W. Vestal, Removing State Constitution Badges of Inferiority, 22 Lewis & Clark L. Rev. 1151 (2018).
Available at: https://lawcommons.lclark.edu/lclr/vol22/iss4/3