One part, the Equal Protection Clause, prohibits a state from denying to any person within its borders "the equal protection of the laws." This clause was intended to bar Southern states from discriminating against former slaves. Courts enforced the Equal Protection Clause sparingly for nearly a ...
Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the exercise of peremptory challenges based solely on the gender of a potential juror. The Court applied a heightened scrutiny test, the traditional equal protection analysis prescribed ...
Our current civil rights paradigm, which is rooted in the Equal Protection Clause, and prohibits intentional state discrimination on the basis of immutable characteristics, simply is not working. This article suggests an alternative approach, one based not solely in equality norms but in facilitating ...
[I] The equal protection clause of the U.S. Constitution prohibits separation of students by sex in public education that's based on precisely this kind of "overbroad generalizations about the different talents, capacities, or preferences of males and females." And the reason it is prohibited ...
The case of Hollingsworth v Perry concerns, inter alia, whether the Equal Protection Clause of the Fourteenth Amendment of the Constitution of the United States prohibits the state of California from defining marriage as the union of a man and a woman. The challengers of Proposition 8 are, es...
Advertisement How can a constitutional provision that flat-out prohibits discrimination for or against anybody to violate the equal protection clause and “discriminate” against minorities? The ACLU hangs its argument on a 1982 Supreme Court case, Washington vs. Seattle School District, in which a ...
find that the admissions policy of Harvard violated Title VI of the Civil Rights Act (which prohibits racial discrimination by institutions that receive federal funding) and that the policy of the University of North Carolina violated both Title VI and theequal protectionclause of theFourteenth ...
Dave the Dwarf sued then-Florida Governor Job Bush in an attempt to overturn the law, arguing the law was an unconstitutional violation of his rights under the Due Process Clause of the 5th Amendment and the Equal Protection Clause of the 14th Amendment.Specifically, Dave the Dwarf argued in ...
Justice Ketanji Brown Jackson claims that the “equal protection clause” of the 14th Amendment allows government to treat people unequally based on their race. She does this by ignoring the plain words of the amendment and by confusing the motives of the people who enacted it with the provisio...
I. The equal protection clause of the U. S. Constitution prohibits separation of students by sex in public education that"s based on precisely this kind of "overbroad generalizations about the different talents, capacities, or preferences of males and females." And the reason it is prohibited...