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Mac and Jerry, when did the 10th amendment suddenly not apply to amendments 11 onward?
Because apparently based on what you're saying here, in whatever imaginary world you all are talking about states can freely break the EPC clause unless its discriminating in a way that is specifically word for word listed in the constitution, AND apparently a constitution exists that didn't establish a Supreme Court whose job is to interpret constitutional law.
That's not what either one of us are saying. The states have the right to enact laws to regulate their societies. If the laws they pass are unconstitutional the SCOTUS will strike them down. That doesn't mean the states no longer have the rights to make and enforce laws and it doesn't give the USG undue right to meddle in the affairs of the states.
States also very much do have the right to define categories of people that laws apply to and that they don't apply to.