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Topic: Equal protection


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  Equal Protection Clause - Wikipedia, the free encyclopedia
The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that "no state shall...
Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause.
Davis argue that the Equal Protection Clause was not intended to guarantee equal outcomes, but rather equal opportunities; and that, therefore, we shouldn't be concerned with trying to fix every racially disparate effect—we should worry only about intentional bigotry.
en.wikipedia.org /wiki/Equal_protection   (5156 words)

  
 LII: Law about...Equal Protection   (Site not responding. Last check: 2007-11-06)
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.
The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" 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.
www.law.cornell.edu /topics/equal_protection.html   (475 words)

  
 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.
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.
The law was challenged an the grounds that it violates the equal protection of homosexuals.
www.maxwell.syr.edu /plegal/Lessons/Epr/epr1.html   (1919 words)

  
 Equal Protection   (Site not responding. Last check: 2007-11-06)
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.
That "old" variety of equal protection scrutiny focused on the means used by the legislature: it insisted merely that the classification in the statute reasonably relate to the legislative purpose.
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.
www.mu.edu /polisci/wolfe/gunther.htm   (3109 words)

  
 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.
www.tfp.org /tfc/Dr._Jaffa.htm   (1663 words)

  
 CITES BY TOPIC: equal protection
The equal protection demanded by the fourteenth amendment forbids this.
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.
No one can truly affirm that women, the aged, and the resident foreigner, whether Caucasian or Mongolian, though excluded from acting as jurors, are not as equally protected by the laws of the State as those who are allowed or required to serve in that capacity.
famguardian.org /TaxFreedom/CitesByTopic/EqualProtection.htm   (1355 words)

  
 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 promise of equality set out in the Declaration of Independence and the Fourteenth Amendment is one of American nation's most ambitious ideals.
To the extent that neither treatment nor opportunities are equal, society must decide how to respond to the challenge of continuing discrimination in a way that is both effective and fair.
www.lincoln.edu /criminaljustice/hr/Equal.htm   (564 words)

  
 EQUAL PROTECTION
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.
For example, it’s a violation of Equal Protection for a city to do its zoning in such a way that all government-subsidized housing is built in the heavily fl part of town, if the intent of this zoning practice is to maintain racial segregation.
Held, this statute probably violates the equal protection rights of males aged 21 to thirty, because it is not substantially related to the achievement of important governmental objectives.
www.sfasu.edu /polisci/Abel/ConstitutionalLawII/EQUALPROTECTION.htm   (5748 words)

  
 Strauder v. West Virginia, 1880, 1st Exercise Of Racial Protection Under The Equal Protection Clause
It denies to such citizens the equal protection of the laws, since the constitution of juries is a very essential part of the protection which the trial by jury is intended to secure.
They very idea of a jury is that it is a body of men composed of the peers or equals of the person whose rights it is selected or summoned to determine; that is, of persons having the same legal status in society as that which he holds.
The very idea of a jury is a body of men composed of the peers or equals of the person whose rights it is selected or summoned to determine; that is, of his neighbors, fellows, associates, persons having the same legal status in society as that which he holds.
www.lectlaw.com /files/case35.htm   (2042 words)

  
 Equal Protection and Other Concepts   (Site not responding. Last check: 2007-11-06)
Equal Protection is the concept that requires the government to have a natural and reasonable basis for putting forth such classifications between people.
A group challenged the constitutionality of this arrangement under equal protection since a patient's refusal to accept lifesaving treatment is the same as physician assisted suicides.
The Supreme Court overturned her conviction on grounds of equal protection under strict scrutiny because, first of all, it interfered with free speech, a fundamental right, and secondly, the state of Ohio had not demonstrated that its ban against anonymous leaflets was its principal weapon against election tampering and fraud.
faculty.ncwc.edu /toconnor/325/325lect03.htm   (2376 words)

  
 Equal Protection = Equal Marriage - home
Marriage equality legislation is alive and well in the state of California.
Equal Protection - Equal Marriage is a grass-roots organization made up of people who are fed up with being denied our equal rights and the freedom to live and love as we choose.
What we do have is a deep and unshakeable belief that we are all created equal and that each of us has the right to choose who we love and how we love and to enjoy identical rights and responsibilities as every other American.
www.equal-protection.org   (835 words)

  
 Montana Constitution
All districts shall be as nearly equal in population as is practicable.
The state shall appraise, assess, and equalize the valuation of all property which is to be taxed in the manner provided by law.
Equality of educational opportunity is guaranteed to each person of the state.
leg.state.mt.us /css/mtcode_const/const.asp   (11358 words)

  
 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.
If whites lose equal protection, they will be subject to new classes of laws, such as “hate crimes,” that would apply onlyto the behavior of whites.
www.vdare.com /roberts/rights.htm   (769 words)

  
 Equal Protection and Rights   (Site not responding. Last check: 2007-11-06)
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.
Social justice is related to equal protection through the ideas that past vestiges, legacies, or patterns of inequality stand in the way of real progress.
More likely, the Equal Protection clause will eliminate the harshest inequalities, increase the overall standard of living, and bring enjoyment of the good life to as many people as possible.
faculty.ncwc.edu /toconnor/410/410lect05.htm   (2009 words)

  
 The History of CORE   (Site not responding. Last check: 2007-11-06)
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.
Ferguson (1896), which had declared "separate but equal facilities" constitutional, but also provided the legal foundation of the Civil Rights Movement of the 1960s.
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.
www.core-online.org /history/brown_vs_board.htm   (195 words)

  
 Social Engineering Or Equal Protection Of The Laws? - Randall Nunn   (Site not responding. Last check: 2007-11-06)
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.
If both are not accorded the same protection, then it is not equal." Simple logic would suggest that an admissions system that gives extra points towards admission to one person simply because that person is a member of a certain minority does not accord equal protection, but is an unequal preference.
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.
www.americandaily.com /article/4208   (860 words)

  
 Equal Protection of the Law
As to racial discrimination, although the equal protection clause clearly applied to African Americans, the Supreme Court held that it did not prohibit laws requiring segregation for whites and fls.
Brown v Board of Education (outlawing school segregation) that the Court threw out the separate but equal doctrine, recognizing that separate facilities for fls and whites never had been and never could be truly equal.
            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.
home.ubalt.edu /shapiro/rights_course/Chapter6text.htm   (1405 words)

  
 Children's Equal Protection Act of 1994   (Site not responding. Last check: 2007-11-06)
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.
The Children's Equal Protection Act of 1994 (Bill H. would prevent children from being placed back into a sexually abusive environment as is what happened in the cases on my homepage and there are hundreds of thousands cases like these cases.
We need to protect all children, even the children that are being sexually abused by a parent.
www.angelfire.com /tx/reachme/cepabill.html   (981 words)

  
 equal protection --  Encyclopædia Britannica   (Site not responding. Last check: 2007-11-06)
Equal protection is extended when the rules of law are applied equally in all like cases and when persons are exempt from obligations...
Most proposals were based on the measure that had passed two years earlier in Colorado prohibiting antidiscrimination laws protecting gays and lesbians, a measure that was subsequently declared unconstitutional.
Focuses on Fourteenth Amendment, which dictates equal protection for all, and the Nineteenth Amendment, which gave American women the right to vote.
www.britannica.com /eb/article-9032834   (877 words)

  
 Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ...   (Site not responding. Last check: 2007-11-06)
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.
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.
Reasonable doubt An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
www.aa-accidentattorneys.com /legal_dictionary.html   (13605 words)

  
 BRIA(12:4) Equal Protection, Gays Rights, Women, Military, Constitution, disabled students,
This is not a violation of the equal protection clause of the U.S. Constitution's 14th Amendment.
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.
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.
www.crf-usa.org /bria/bria12_4.html   (6019 words)

  
 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.
Undocumented immigrants should not be protected under the equal protection clause to the same degree as citizens and others living legally in the country.
The equal protection clause of the 14th Amendment requires Texas and the Tyler Independent School District to provide free public schooling to the children of undocumented immigrants on an equal basis with the other children in the state and school district.
www.crf-usa.org /bria/bria7_4.htm   (5917 words)

  
 14th Amendment: Equal Protection of the Law   (Site not responding. Last check: 2007-11-06)
The equal protection clause can be found in the Fourteenth Amendment of the Constitution.
The Court said that the hiring practices did not violate the Equal Protection Clause of the 14th Amendment.
The Supreme Court ruled that this act violated the Equal Protection Clause of the 14th Amendment.
www.muhlsd.berksiu.k12.pa.us /high/STUDENTS/LORCHAK/JASONC/equal.htm   (227 words)

  
 Andrew Spicer's Weblog - No Equal Protection for Toronto Taxpayers
(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
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.
But I don't think the point of the equality guarantee was for only the historically disadvantaged groups to get it (which leads to bizarre results as people try to pigeon-hole themselves into the analogous grounds), but all of us.
www.andrewspicer.com /article318.html   (1417 words)

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