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Topic: Equal Protection

Ads by Google      Equal Protection Clause - Wikipedia, the free encyclopedia Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that "no state shall... The Court asserted that the purpose of the Clause was http://en.wikipedia.org/wiki/Equal_protection      LII: Law about...Equal Protection By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. 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. http://www.law.cornell.edu/topics/equal_protection.html      Lesson 1 Equal Protection: Race Equal protection is therefore defined less by the actual language of the document and more by years of judicial interpretation and reinterpretation. The Equal Protection Clause of the Fourteenth Amendment provides that "no state shall deny to any person within its jurisdiction the equal protection of the laws." At first blush, these few words do not appear to present difficulties in interpretation. It is challenged on the grounds that it violates the equal protection rights of police officers over age 50 who are in good physical condition and able to perform their duties an well as officers under the age of 50. http://www.maxwell.syr.edu/plegal/Lessons/Epr/epr1.html      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. http://www.tfp.org/tfc/Dr._Jaffa.htm      CITES BY TOPIC: equal protection It is upon the last clause of the section that the majority of the court are compelled to rely to sustain the act of Congress. A Chinaman may insist that people of his race shall be summoned as jurors in cases affecting his interests, and that the exclusion is a denial to him of the equal protection of the laws. The equal protection demanded by the fourteenth amendment forbids this. http://famguardian.org/TaxFreedom/CitesByTopic/EqualProtection.htm      Right to Equal Protection of Laws The Fourteenth Amendment, ratified in 1868, granted citizenship to all persons born or naturalized in the United States, and forbid states to deny their citizens due process of law or equal protection of the law, which made certain provisions of the Bill of Rights applicable to all states. The Plessy case is one example of the Supreme Court's power to interpret the Constitution in a manner that resulted in less equal opportunity. The promise of equality set out in the Declaration of Independence and the Fourteenth Amendment is one of American nation's most ambitious ideals. http://www.lincoln.edu/criminaljustice/hr/Equal.htm      14th Amendment: Equal Protection of the Law The Supreme Court ruled that this act violated the Equal Protection Clause of the 14th Amendment. The Court said that the hiring practices did not violate the Equal Protection Clause of the 14th Amendment. The equal protection clause can be found in the Fourteenth Amendment of the Constitution. http://www.muhlsd.berksiu.k12.pa.us/high/STUDENTS/LORCHAK/JASONC/equal.htm      equal protection --  Encyclopædia Britannica Equal protection is extended when the rules of law are applied equally in all like cases and when persons are exempt from obligations... Equal protection is extended when the rules of law are applied equally in all like cases and when persons are exempt from obligations… in United States law, the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups. http://www.britannica.com/eb/article-9032834      Equal Protection The cases rejecting efforts to invoke equal protection as an affirmative, broad‑gauged weapon on behalf of the poor are symbolized by Rodriguez, the school fi nancing case in 1973 (p. Although the equal protection requirement of the 14th Amendment literally applies only to state action, judicial interpretation has made it applicable to the federal government as well, as an aspect of Fifth Amendment due process. Ordinarily, the command of equal protection was only that government must not impose differences in treatment "except upon some reasonable differentiation fairly related to the object of regulation," as Justice Jackson put it in the Railway Express case, p. http://www.mu.edu/polisci/wolfe/gunther.htm      Legal Definition of Equal Protection Clause EQUAL PROTECTION CLAUSE - Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institu~tions. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another. The 'Lectric Law Library's Lexicon On * Equal Protection Clause * http://www.lectlaw.com/def/e027.htm      Strauder v. West Virginia, 1880, 1st Exercise Of Racial Protection Under The Equal Protection Clause The Fourteenth Amendment ordains that '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. The purpose of the equal protection clause was to provide protection for the civil rights of blacks. These may be varied to meet the necessities of the particular right to be protected.' But there is express authority to protect the rights and immunities referred to in the Fourteenth Amendment, and to enforce observance of them by appropriate congressional legislation. http://www.lectlaw.com/files/case35.htm      EQUAL PROTECTION The Equal Protection Clause is part of the 14th Amendment. 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. Strict equals fatal: Once the court does decide that a suspect classification is involved, and that strict scrutiny must be used, that scrutiny is almost always fatal to the classification scheme. http://www.sfasu.edu/polisci/Abel/ConstitutionalLawII/EQUALPROTECTION.htm      Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ... Equal Protection of the Law -The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Temporary relief - Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court. http://www.aa-accidentattorneys.com/legal_dictionary.html      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. To assist the judiciary, the Supreme Court has developed three basic tests of the Equal Protection clause. http://faculty.ncwc.edu/toconnor/410/410lect05.htm      BRIA(12:4) Equal Protection, Gays Rights, Women, Military, Constitution, disabled students, The Colorado Supreme Court agreed that the ballot measure violated the equal protection clause. If Amendment 2 does not violate the equal protection clause of the 14th Amendment, the state must have a legitimate purpose (also called a "rational basis") for prohibiting laws and policies protecting gays and lesbians from acts of discrimination. All antidiscrimination protections for gays and lesbians are swept away including those that are currently part of police regulations, university non-discrimination policies, state employee firing rules, canons of conduct for lawyers, and regulations of the insurance industry. http://www.crf-usa.org/bria/bria12_4.html      Montana Constitution The state shall appraise, assess, and equalize the valuation of all property which is to be taxed in the manner provided by law. No person shall be denied the equal protection of the laws. The rights of persons under 18 years of age shall include, but not be limited to, all the fundamental rights of this Article unless specifically precluded by laws which enhance the protection of such persons. http://leg.state.mt.us/css/mtcode_const/const.asp      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. http://home.ubalt.edu/shapiro/rights_course/Chapter6text.htm      BRIA 7:4 The 14th Amendment, Equal Protection Clause, Stalin Purges, Due Process, fair trial, self-incrimination The 14th Amendment prohibits any state from denying "to any person within its jurisdiction the equal protection of the laws." The equal protection clause clearly requires that all American citizens must be treated equally by the law. The equal protection clause of the 14th Amendment applies "to anyone, citizen or stranger" residing within a state's boundaries. While education may not be a "fundamental right" under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system (as in Texas), no child living in that state may be denied equal access to schooling. http://www.crf-usa.org/bria/bria7_4.htm      VDARE.com: 06/02/03 - No Equal Protection for Whites? It is obvious that the university’s policy violates equality before the law and the Constitution’s equal protection clause. Pray I am wrong, but the best that those who believe in equal protection can hope for is that the Court will speak out of both sides of its mouth, as it did in the 1978 Bakke case. As practically every university in the country uses one scheme or another to discriminate in favor of “preferred minorities,” the Michigan case will determine whether “preferred minorities” are admitted on the basis of merit or on the privilege of skin color. http://www.vdare.com/roberts/rights.htm      ABA For Schools: Lessons High School Students: Equal Protection: Does a Curfew Discriminate Against Young People? Explain principles of equal protection (steps 5 and 6 in strategy for grades 7-9), and the standards that courts use in deciding such cases (steps 7-10 in strategy for grades 7-9). It gives students the opportunity to work independently during the class, and requires them to issue an "opinion" that deals with the standards courts use in equal protection cases. The lower court found that evidence failed to show a sufficient need for the law to override minors’ equal protection and due process rights and parents’ right to due process. http://www.abanet.org/publiced/lawday/schools/lessons/hs_equal_curfew.html      Equal Protection = Equal Marriage - home This was the farthest marriage equality legislation has ever advanced in the United States without a court-ordered action. We are working with the LGBT Legislative Caucus to move forward with the Religious Freedom and Civil Marriage Protection Act, sponsored by EQCA and authored by Mark Leno. The debate in the Assembly came down to what this issue ultimately is about: Acceptance and Equality for LGBT Californians. http://www.equal-protection.org      Social Engineering Or Equal Protection Of The Laws? - Randall Nunn The Court stated that "the guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color. Surely our courts will not allow a universal and near absolute principle like equal protection of the laws to be subordinated to a social goal of the academic community that is based not on empirical evidence but on "feel good" social engineering ideas. Not surprisingly, the system has been challenged as amounting to a racial preference or "quota" system that is unconstitutional under the 14th Amendment to the Constitution, which says that no state shall deny any person the equal protection of its laws. http://www.americandaily.com/article/4208      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. http://caselaw.lp.findlaw.com/data/constitution/amendment14/18.html      Equal Protection and Other Concepts There's a similarity between Equal Protection and Substantive Due Process in the idea of more rigorous judicial scrutiny being necessary when significant liberty issues are at stake, but this is really just a restatement of the Principle of Objectivity. When courts are called upon to decide an Equal Protection case, they use a variety of judicial tests, which for convenience are lumped together as types of tests called The Court ruled that the exam did not have a discriminatory intent, and that evidence of disproportionate scores do not outweigh the compelling need for the City of Washington to use neutral measures like exams to screen their applicants. http://faculty.ncwc.edu/toconnor/325/325lect03.htm      Equal Protection Despite the Civil War Amendments, the former slaves of the Confederate States were again placed in an inferior legal position at the end of the Reconstruction period of American history. Enforcement Act of May 31, 1870 imposed criminal penalties for violating the 15th Amendment and the right to vote. Civil Rights Act of April 20, 1872 also known as the Anti-Klu Klux Klan Act made it a crime to deprive anyone of their rights, privileges, and immunities protected under the U.S. Constitution or other federal law. http://faculty.ucc.edu/egh-damerow/equal_protection.htm      [No title] In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case. A person may be released on his or her own recognizance in the court's discretion, subject to the same factors considered in setting bail. A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. http://www.leginfo.ca.gov/.const/.article_1      Developments in the Law: Property The Court granted allowed an equal protection challenge to be made by a "class of one" land owner on the ground that the denial was arbitrary and inconsistent with the prior practice of granting such permits to similarly situated owners. City of West Haven, 734 A.2d 535 (Conn. 1999),  when it ruled that it might constitute a violation of the equal protection clause if a zoning board denies a rezoning application for failure to submit a site plan when the zoning board does not generally require submission of site plans for such applications. The Connecticut Supreme Court upheld just such a claim in Thomas v. http://www.law.harvard.edu/faculty/jsinger/developments/equalp.php      Poster Activity Lesson Plans, Celebrating Freedom Resources, Social Studies, Glencoe In addition, it states that all citizens have the right to equal protection of the law in all states. The basis of the decision rests on the Equal Protection clause of the Fourteenth Amendment. Today it protects the rights of citizenship in general by prohibiting a state from depriving any person of life, liberty, or property without due process of law. http://www.glencoe.com/sec/socialstudies/btt/celebratingfreedom/content.php4/1159/16      Equal Protection Under the Law Equal Protection is an issue that will always be called into question before the Supreme Court. One big issue related to the equal protection clause is affirmative action and reverse discrimination. Each team has learned about different issues related to the Equal Protection Clause of the 14th Amendment. http://oncampus.richmond.edu/academics/education/projects/webquests/supremecourt      Children's Equal Protection Act of 1994 Such protection and intervention as required by law shall not be limited to those cases in which the injured party is in the physical or constructive custody of such person. Mothers need at least $50,000 to protect their child from sexual abuse in court The revised Statutes of the United States are amended by inserting after section 1979 the following: http://www.angelfire.com/tx/reachme/cepabill.html      Andrew Spicer's Weblog - No Equal Protection for Toronto Taxpayers The fact is, the original point was to provide equal protection and benefit of the law - but making especially sure that those within the enumerated grounds get protection - this is important because of the application of part 2 of s. 15 the court, quite naturally, said that the enumerated grounds were not the only ones the section protected (a rather obvious conclusion given the plain reading of the whole section), and that it at least applied to grounds that were "analogous" to the enumerated ones. This is a pretty explicit example of two people being similarly situated, but not being "equal" under or before the law - totally arbitrary, subject to where you live. http://www.andrewspicer.com/article318.html      Lesson 2 Equal Protection: Gender According to the Court, the 14th Amendment’s equal protection and privileges and immunities clauses did not guarantee women the right to practice law. Section 1 of the Fourteenth Amendment states that "No State shall make or enforce any law which shall abridge (limit) the privileges or immunities of the citizens of the United States." However, these privileges protected by the Amendment do not include the right to practice law. The findings of the Illinois Court should be overturned. http://www.maxwell.syr.edu/plegal/Lessons/Epg/epg2.html      An Order in Council Commission of Inquiry is "imperative" on Maternity Matters for the equal protection to ... That is breach of trust and not upholding the Constitution of equal protection and security of person for the pregnant women, in any Nation, that upheld the United Nations Declaration. And in some cases, criminal trials, and in some cases, compensation to injured babies, whose qualities of life were less then blue-ribbon-babies, the right of all babies to be born with equal protection and security of person. There is a direct or indirect vicarious duty, particularly, if a concern was raised on policies and procedures allowed, locally, and if all are protected equally to security of person and equal protection as to the Charter. http://www.lotusbirth.com/doc/FEB2003Lotusbirth-241.htm      Equal Protection (Race) Lessons Lesson 1: What standards of review are used by the Supreme Court in equal protection cases? Lesson 5: Does segregation in public Schools deprive students of their right to equal protection of the laws under the Fourteenth Amendment? Lesson 6: Which remedies are most effective in combating discrimination and in compensating minorities for acts of past discrimination? http://www.maxwell.syr.edu/plegal/Lessons/Intro/introepr.html      Equal Protection for Economic Liberty: Is the Court Ready? Equal Protection for Economic Liberty: Is the Court Ready? From that time until the late 1970s, there was almost unanimous agreement among legal scholars on both the left and the right that the Supreme Court's pre-New Deal protection of economic liberty--stretching back for a century and a half--was a mistake that should never be repeated. Beginning in the late 1970s, however, a few dedicated legal scholars began to revive the idea that the Constitution limits government power in the economic sphere and that the judiciary should enforce those limits.(2) At first the mainstream legal community ignored the works of those scholars. http://www.cato.org/pubs/pas/pa-181es.html      Faithless Elector Watch: Gimme "Equal Protection" Timothy Noah Because it violated the equal protection clause of the 14th Amendment. Now, Chatterbox is no lawyer, and he certainly means no disrespect to the equal protection clause. You're wrapped around the axle about equal protection of the right to vote for president? http://slate.msn.com/id/1006680      Townhall.com :: Columns :: Terri Schiavo counts: Now give her equal protection by Terence Jeffrey Terri has an equal right to every other person in Florida to the state's protection from homicidal acts. Florida lawmakers must protect Terri Schiavo and all other persons from death by starvation and dehydration. Northerners and Southerners compromised and wrote constitutional language that pretended slaves were not full persons. http://www.townhall.com/columnists/terencejeffrey/tj20050223.shtml      Michigan Law Review: Equal protection, class legislation, and colorblindness.@ HighBeam Research The Court's reliance on the Equal Protection clause seems to create a new substantive right. The Court's position seems somewhat hypocritical in light of its recent pronouncements condemning the creation of substantive constitutional rights under the imprimatur of the Equal Protection clause. Michigan Law Review: Equal protection, class legislation, and colorblindness.@ HighBeam Research http://www.highbeam.com/library/doc0.asp?DOCID=1G1:20117498&refid=ip_almanac_hf      Gerstmann, Evan: The Constitutional Underclass When the Supreme Court struck down Colorado's Amendment 2--which would have nullified all state and local laws protecting gays and lesbians from discrimination--it was widely regarded as a victory for gay rights. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. You may purchase this title at these fine bookstores. http://www.press.uchicago.edu/cgi-bin/hfs.cgi/00/13703.ctl      Equal protection under the law... Equal protection under the law should not extend to sexual Yes, such policy must be stripped of certain religious content, but there is no inherent restraint on its origin or application. creed, age, and gender, but to think there should be equal rights http://www.christianforums.com/t96158      FindLaw's Writ - Lazarus: The Supreme Court And Equal Protection Once upon a time, not so very long ago, the Court evaluated cases invoking the Constitution's equal protection clause in a fairly rigid, predictable way. I also predict that in Lawrence, applying this supposedly lax standard, the Court will strike down the same-sex sodomy law as a violation of the equal protection clause. It will mark the collapse of a whole structure of equal protection clause analysis. http://writ.news.findlaw.com/lazarus/20030626.html      The History of CORE Although widely perceived as a revolutionary decision, Brown was in fact the culmination of changes both in the Court and in the strategies of the Civil Rights Movement. The opinion, written by Warren and read on May 17, 1954, was short and straightforward. Topeka, the U.S. Supreme Court ended federally sanctioned racial segregation in the public schools by ruling unanimously that "separate educational facilities are inherently unequal." A groundbreaking case, Brown not only overturned the precedent of Plessy v. http://www.core-online.org/history/brown_vs_board.htm      Law Books, Law Dictionary, Black's Law Dictionary, Legal Research, Law Book Equal Protection is reviewed from its beginnings as a province of the states prior to 1865, to a foundation of federal power after passage of the 14th Amendment. This Turning Point: Constitutional Law: Equal Protection of the Laws examines the concept of Equal Protection under the United States Constitution. Turning Point: Constitutional Law: Equal Protection of the Laws http://www.barristerbooks.com/Index.asp?Product=50328      Ensuring equal protection from refinery flares Equal protection under the law is required, even for people without political and monetary clout. So when it comes to determining how to find a balance between oil- industry complaints about overreaching rules and community demands for justice, policy and law are clear. Even in those rare cases, flare systems only protect the equipment at the refinery, not the people who live downwind of the facility. http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/03/25/EDG07BTTM51.DTL      Cato News Release - June 23, 2003 The Fourteenth Amendment protects individual privacy and free association and requires states to apply laws equally, without discrimination. Moreover, Texas and three of those states criminalize only homosexual sodomy, thus denying certain individuals the equal protection of the laws. Equal protection is a cornerstone of the American Constitution and, indeed, the rule of law itself. http://www.cato.org/new/06-03/06-23-03r.html      SSRN-Bolling, Equal Protection, Due Process, and Lochnerphobia by David Bernstein The Bolling Court stands accused of inventing the idea that due process includes a guarantee of equal protection equivalent to that of the Fourteenth Amendment's Equal Protection Clause. Sharpe, the Court held unconstitutional de jure segregation in Washington, D.C.'s public schools under the Fifth Amendment's Due Process Clause. Board of Education, the United States Supreme Court invalidated state and local school segregation laws as a violation of the Fourteenth Amendment's Equal Protection Clause. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=761926      Monkeyfist.com: Whose Equal Protection? That a state official, even from negligibly sane Florida, would act in so blatantly hostile a manner, imperiling the most fundamental civic right afforded to Americans under law, is proof enough that the franchise remains embattled, tenuous, and in need of the Court’s highest protection. Instead, as Ginsburg's dissent makes clear, the Court has created the very conditions it now spurns. http://monkeyfist.com/articles/725      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. http://www.bepress.com/ils/iss2/art1      Academic Paper on ?How are equal protection and due process clauses related to the principle of limited government?? Academic Paper on ?How are equal protection and due process clauses related to the principle of limited government?? Title: ?How are equal protection and due process clauses related to the principle of limited government?? Both equal protection of the law and due process of law help limited government in preventing the abuse of power. http://www.researchaid.com/paper/How_are_equal_protection_and_-152046.html      08/21/01 - Freedom vs. Diversity In Idaho: What Equal Protection? Already the Bush administration believes it must accommodate preferred minorities with an amnesty for millions of illegals and by defending federal racial quotas in U.S. Department of Transportation contracts in a current Supreme Court case. Our Constitution is color-blind.” What a caste Justice Harlan would find today, a caste built in the name of civil rights! Yes, it would be good for Republicans to win a larger share of the Hispanic vote, but how extraordinary it is that Republicans think the Hispanic vote is more important than the equal protection clause of the Constitution. http://www.vdare.com/roberts/idaho_protection.htm

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