14th Amendment No. 1 in litigation

With big wedge issue district court decisions coming down on Arizona's Immigration Law and California's Prop 8 gay marriage ban, the 14th Amendment has once again become the most talked about constitutional amendment cable news and political blogs. It is also the most cited constitutional amendment used by attorneys in litigation.

So before we get into dealing with these political, legal and sticky social issues when we begin class, what exactly did the "founders" (or the author's of the post-Civil War amendment) put into the law of the land in 1866. It is shaping up to be an inconvenient truth for some conservatives who claim they love the principles of the constitution -- gays and Mexicans in America, apparently not so much:

14th Amendment to the U.S. Constitution
(From the Library of Congress)

Free! Lithograph, color. 1863. Prints and Photographs Division. Reproduction Number: LC-USZC4-2521

The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.” By directly mentioning the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment.

So how do you interpret the 14th amendment as it relates to: 1) Babies born in the U.S. to illegal immigrant parents; and 2) The right of homosexual couples to legally marry?

For more:

http://www.npr.org/templates/story/story.php?storyId=129007120