The Hawaii Supreme Court handed down a unanimous opinion on Wednesday declaring that its state constitution grants individuals absolutely no right to keep and bear arms outside the context of military service. Its decision rejected the U.S. Supreme Court’s interpretation of the Second Amendment, refusing to interpolate SCOTUS’ shoddy historical analysis into Hawaii law. Dahlia Lithwick and Mark Joseph Stern discussed the ruling on this week’s Slate Plus segment of Amicus; their conversation has been edited and condensed for clarity.
The bill of rights protects rights, it doesn’t create rights. That is a pretty fundamental concept.
Right. Because rights are created by God, right?
Rights are not created, bestowed, issued, manufactured, or handed out.
They aren’t a license or a badge or something physical.
Right. Just like God.
I think the important thing is to remember how important it always is to fight for them, at any rate.
Internet atheists see any mention of God or religion as an opportunity to hijack a discussion.
When it’s literally a discussion of where rights come from and theists suggesting they come from God (while avoiding the word God and pretending they mean something else), it’s not hijacking. You’re the one trying to hijack to discussion to talk about how much you hate atheists.