AKHIL AMAR: As for the sex discrimination question, I believe that the Fourteenth Amendment as originally written was in fact far more attentive to issues of sex discrimination than is conventionally understood; and that the Nineteenth Amendment did indeed regloss the Fourteenth Amendment's text with an additional egalitarian overlay.
Testimonial immunity, supported by English precedent, was the majority rule in America before Counselman and was explicitly endorsed by Congress at the time it adopted the Fourteenth Amendment, which reglossed the Bill of Rights and made its privileges and immunities applicable against the states.