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| | Equal protection - Wex |
 | | The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. | | | By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights. | | | Generally, the question of whether the equal protection clause has been violated arises when a state grants a particular class of individuals the right to engage in activity yet denies other individuals the same right. |
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http://www.law.cornell.edu/topics/equal_protection.html
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| | Land Use Law |
| | Even in cases where equal protection claims have failed in the land use context, the courts have acknowledged that equal protection claims can succeed if certain criteria are met. | | | One state supreme court has gone even further, by refusing to condition an equal protection claim on the plaintiff proving treatment that is different from other, similarly situated parties. | | | Despite the high threshold that must be met when a “rational basis” analysis is employed, two state courts have recently reversed the dismissal of equal protection claims in the land use context. |
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http://law.wustl.edu/landuselaw/equalprotection.html
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| | 230 See McElrath v |
| | The court reasoned that the plaintiff had protected the individual rights of all citizens by challenging the constitutionality of the statutes, and that, because his actions benefitted all members of the public, he should not be required to bear the entire cost of the litigation himself. | | | The federal ERA stated that "[e]quality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." H.R.J. Res. | | | The remedy of an injunction is available to Christina for violation of the Florida Equal Protection Clause, because the remedy existed under the common law and because the Florida Supreme Court has the equitable power to provide injunctive relief in order to further the ERA's purpose of prohibiting discrimination on the basis of gender. |
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http://www.fcsl.edu/academics/journal/volumetwo/faraone.htm
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| | Morality is Absolute: Interview with Dr. Harry Jaffa |
| | The Equal Protection Clause of the Fourteenth Amendment was instituted along with the original clause which reads: "Persons born and residing in the United States are citizens of the United States and the state wherein they reside." | | | The Equal Protection Clause is designed to prevent freed slaves from becoming second-class citizens and, in fact, prevented the possible formation of different classes of citizens. | | | That was the intention of the Equal Protection Clause. |
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http://www.tfp.org/tfc/Dr._Jaffa.htm
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| | The Women's Convention and the Equal Protection Clause |
| | Thus, the Court concluded that the Equal Protection Clause of the Fourteenth Amendment forbade the arbitrary gender-based distinction of Section 15 -314. | | | The Court flatly rejected early challenges brought under the Privileges and Immunities Clause of the Fourteenth Amendment, on the grounds that state rights were not subject to federal protection. | | | The Women's Convention appears to violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. |
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http://www.law-lib.utoronto.ca/Diana/fulltext/corb.htm
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| | EQUAL PROTECTION |
| | The Equal Protection Clause is part of the 14th Amendment. | | | The Clause, was enacted shortly after the Civil War, and its primary goal was to attain free and equal treatment for ex-slaves. | | | Public entity: there can only be a violation of equal protection if there’s state action, that is, action by the federal government or by a state or municipality. |
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http://www.sfasu.edu/polisci/Abel/ConstitutionalLawII/EQUALPROTECTION.htm
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| | Equal Protection and Rights |
| | The Equal Protection clause is located in Amendment XIV: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. | | | There is usually not much of a connection to the concept of liberty because equal protection is about the creation of rights, not liberties. | | | With certain economic opportunities, the Commerce Clause is much more effective than the Equal Protection clause, at least with public accommodations like restaurants and motels. |
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http://faculty.ncwc.edu/toconnor/410/410lect05.htm
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| | Bolling |
| | Because the Equal Protection Clause occurs only in the Fourteenth Amendment, which does not apply to the federal government, it was not available for the case. | | | The “equal protection of the laws” is a more explicit safeguard of prohibited unfairness than “due process of law,” and, therefore, we do not imply that the two are always interchangeable phrases. | | | The Due Process Clause of the Fourteenth Amendment, to the extent it was thought to have “substance” at all, was initially thought to include, and perhaps even be limited to a prohibition on discriminatory “class” legislation. |
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http://mason.gmu.edu/~dbernste/bolling.htm
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| | FindLaw Constitutional Law Center: U.S. Constitution: Fourteenth Amendment: Annotations pg. 21 of 40 |
| | Property Taxes.--The State's latitude of discretion is notably wide in the classification of property for purposes of taxation and the granting of partial or total exemption on the grounds of policy,239 whether the exemption results from the terms of the statute itself or the conduct of a state official implementing state policy. | | | Of Equalization, 451 U.S. (1981), the Court reaffirming the rule that taxes discriminating against foreign corporations must bear a rational relation to a legitimate state purpose. | | | At the outset, the Court did not regard the equal protection clause as having any bearing on taxation. |
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http://conlaw.usatoday.findlaw.com/constitution/amendment14/21.html
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| | FindLaw: U.S. Constitution: Fourteenth Amendment: Annotations pg. 18 of 40 |
| | Cutter Laboratories, 351 U.S. The central issue in the ''sit-in'' cases, whether state enforcement of trespass laws at the behest of private parties acting on the basis of their own discriminatory motivations, was evaded by the Court, in finding some other form of state action and reversing all convictions. | | | Even though in a criminal case it is the government and the defendant who are adversaries, rather than two private parties, as is ordinarily the case in civil actions, the Court soon applied these same principles to hold that exercise of peremptory challenges by the defense in a criminal case also constitutes state action. | | | The continuum of state action ranges from obvious legislated denial of equal protection to private action that is no longer so significantly related to or brigaded with state action that the Amendment applies. |
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http://caselaw.lp.findlaw.com/data/constitution/amendment14/18.html
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| | Equal Protection of the Law |
| | Although the equal protection clause applies to any law that treats different classifications of people differently, varying standards are used to test the law, depending on the type of classification being made by the law. | | | This mandates that no state shall… “deny to any person within its jurisdiction the equal protection of the laws.” This clause has proved to be central in ending and preventing government discrimination based on race and gender. | | | Even in the first half of the twentieth century, when the equal protection clause was finally applied to women, a very high standard was required to overturn a discriminatory statute, and many laws which discriminated against women were upheld. |
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http://home.ubalt.edu/shapiro/rights_course/Chapter6text.htm
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| | Insulted - Roberts, Gays And Equality |
| | The clause does not state what is protected and what is not, but the background and history clearly indicate that it was intended to resolve the issue of the uneven application of the law with respect to race. | | | And I’d argue one of the most fundamanetal ordinary rights and legal protections is the civil institution of marriage. | | | Though any distinction is subject to review under the equal protection clause, it is a tiered review, depending on the nature of the classification. |
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http://www.insulted.org/2005/august/roberts_gays_and_equality/index.php
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| | The Supreme Court Historical Society |
| | After Warren E. Burger succeeded Earl Warren as chief justice in 1969, discontent with the two-tier standard surfaced both on and off the Court. | | | As the Court grappled with the appropriate method of evaluating this category of equal protection claim, the justices first tried applying the rationality test in an unusually rigorous way (Reed v. | | | The Supreme Court began to apply the rationality requirements of both the Equal Protection and Due Process Clauses so leniently as to render them virtually meaningless. |
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http://www.supremecourthistory.org/05_learning/subs/05_e.html
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| | Election Law: Ms. Miers and Proportional Representation[!] Under the Equal Protection Clause |
| | Sims (1964), the Supreme Court held that the equal protection clause requires that representation in state legislatures be proportional based on population. | | | Section 2 includes a clear disclaimer, which was part of the compromise that led to the passage of the "results" test, which states "[N]othing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population." 42 USC 1973b. | | | The Court did say that there may be a legitimate state purpose in ensuring representation of political minorities (it didn't say racial minorities, but perhaps we shouldn't rule that out as a possible legitimate purpose), and it may be permissible to make slight deviations from proportional representation by population in order to achieve that purpose. |
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http://electionlawblog.org/archives/004260.html
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| | Equal Protection of the Laws |
| | The result, said the court, was to make financial ability the basis for granting access to the appellate courts, a basis wholly unrelated to the impartial administration of justice; and the statute therefore denied equal protection of law. | | | The equal protection clause does not, of course, forbid all classifications. | | | Justice Miller's appraisal of the current history may have been correct, but his prophecy as to the limited use of the Equal Protection clause was very bad. |
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http://www.southernct.edu/~seymour/cases/protct.html
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| | Levels of Scrutiny Under the Equal Protection Clause |
| | No State shall...deny to any person within its jurisdiction the equal protection of the laws. | | | Over recent decades, the Supreme Court has developed a three-tiered approach to analysis under the Equal Protection Clause. | | | amendments, which are deemed equally specific when held to be embraced within the Fourteenth. |
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http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm
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| | Due Process and Equal Protection Clause |
| | The Equal Protection Clause commands that no State shall "deny to any person within its jurisdiction the equal protection of the laws." This provision creates no substantive rights. | | | Quill, the Court did not recognize a right to suicide or assisted suicide based on the due process or equal protection clause. | | | The U.S. Supreme Court relied on this clause in its Roe v. |
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http://www.ascensionhealth.org/ethics/public/issues/due.asp
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| | Equal Protection Clause Applied Equally to All 50 States |
| | Since considering only Ohio would then give unequal protection to the voters of Ohio, the only available recourse, aside from holding additional elections in each state that has used these vapor-voting machines, is to disqualify the electors from these states as this proposal suggests. | | | As such, file for a retroactive injunction preventing the state from certifying the results and sending electors as determined in paragraph 3, under the Equal Protection Clause of the 14th Amendment, citing Bush v. | | | In this thread, we also reveal a compelling strategy for taking the case to the courts due to the inability to manually count vapor votes, on the grounds that the lack of original ballots for manual recounts violates the Equal Protection Clause of the 14th Amendment, vis-a-vis Bush v. |
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http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x81249
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| | SSRN-Equal Protection Incorporation by Michael Dorf |
| | This Article proposes a judicial reading of the Equal Protection Clause, "equal protection incorporation", that roots the process of identifying suspect and semi-suspect classifications in constitutional text. | | | In order to preserve a broad field of play for legislative and administrative action, courts do not subject most state action to exacting scrutiny under the Equal Protection Clause. | | | Although the Supreme Court has articulated criteria for identifying such classifications, standing alone, none of these criteria is satisfactory, nor has the Court found any principled means of combining them. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=303415
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| | Guest Comment on NRO |
| | The state's power to determine how the electors are chosen does not allow the state to violate the equal-protection clause. | | | A nonpartisan appellate court should rule that the state cannot set different standards for counting votes in different parts of the state, particularly when it sets these standards after the fact — after it knows the results of the machine count for each county. | | | This selective hand counting biases the results and thus violates the equal-protection clause. |
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http://www.nationalreview.com/comment/comment111500f.shtml
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| | The Gadflyer: Fly Trap |
| | To Dobson and his crew, the equal protection clause is selectively applied to the righteous, not to the sinners. | | | The Nebraska judge (appointed by Bill Clinton) ruled that the restrictive ban violated the right of gay citizens (as well as of straight ones in unmarried relationships) to equal protection of the law, as guaranteed by the U.S. Constitution. | | | I've got a Constitutional News Flash for the Senator, who, despite being a lawyer, isn't the sharpest pencil in the box when it comes to constitutional law: the purpose of the equal protection clause is to protect minority rights from being trampled by the majority. |
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http://gadflyer.com/flytrap/index.php?Week=200519
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| | FindLaw: U.S. Constitution: Fourteenth Amendment |
| | All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. | | | No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. | | | Find a Lawyer: Our free service locates Bankruptcy, Criminal, DUI, Family, Immigration, Personal Injury, Real Estate, or Trademark lawyers in your area who can help you with your legal issues. |
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http://caselaw.lp.findlaw.com/data/constitution/amendment14
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| | Equal Protection and the Irrelevance of "Groups" |
| | And third, I argue that Fiss's candidate for the Equal Protection Clause's "mediating principle" is much more farreaching and radical than Fiss supposed due to the ubiquity of state action that Fiss himself recognized. | | | Second, I argue that the groups and their power and well-being that Fiss wants to make central to equal protection jurisprudence cannot be defined in any principled way by courts. | | | Lawrence A. Alexander, "Equal Protection and the Irrelevance of "Groups"" Issues in Legal Scholarship, The Origins and Fate of Antisubordination Theory (2002): Article 1. |
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http://www.bepress.com/ils/iss2/art1
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| | Separate but Equal: Segregation in the Public Schools |
| | The Court ruled that a somewhat similar program for women, the Virginia Women's Institute for Leadership, was not "substantially equal" to the program of VMI, as required by the Equal Protection Clause. | | | Does the test used by the Court in the VMI case come closer to intermediate scrutiny or strict scrutiny? | | | Then, in 1996, the Court found Virginia to be in violation of the Constitution in the closely-watched case of United States v. |
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http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/sepbutequal.htm
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| | Educational Policy: What is it? |
| | The Encyclopedia of Education (2003) noted, “In the latter half of the twentieth century, courts began to apply the U.S. Constitution's equal protection clause to a spectrum of social condition, such as voting rights, housing, employment, and education” (p. | | | Educational policy directly serves schools by helping them to retain public support which provides them with the funding they need to operate. | | | This opposition may even be (and probably is) connected to local opinion and beliefs. |
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http://www.libraryreference.org/educationalpolicy.html
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| | Plessy v. Ferguson |
| | Ferguson, case decided by the U.S. Supreme Court in 1896. | | | The court upheld an 1890 Louisiana statute mandating racially segregated but equal railroad carriages, ruling that the equal protection clause of the Fourteenth amendment to the U.S. Constitution dealt with political and not social equality. | | | Justice Henry Billings Brown wrote the majority opinion, stating that “separate but equal” laws did not imply the inferiority of one race to another. |
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http://www.infoplease.com/ce6/history/A0839368.html
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