This left open the question of whether racial classifications that are designed to benefit, rather than harm, a racial class violate the Equal Protection Clause
It is about as plain as such things can be, for instance, that the ratifiers of the Equal Protection Clause
did not think it would immediately create a right to interracial marriage, which the colorblindness approach does.
63) Although the Court has yet to scrutinize abortion laws within the Equal Protection Clause
framework, the Gonzales Court's consideration of the "bond of love the mother has for her child" (64) as a legitimate rationale for constitutional analysis provides compelling evidence that current abortion regulations should be analyzed under the Equal Protection Clause
--not the Due Process Clause.
Section II of this Article considers the constitutional bases and policies supporting the exclusionary rule under the Fourth Amendment, and examines whether they extend to the Equal Protection Clause
in the criminal context.
In any event, in light of Maltz's view that the right to share in the public school fund is protected under the Equal Protection Clause
, the point is of no practical importance.
A brief filed by Professors Laurence Tribe, John Hart Ely, Gerald Gunther Philip Kurland, and Kathleen Sullivan, which describes Amendment 2 as a "per se violation of the Equal Protection Clause
," may have influenced this language.
The Equal Protection Clause
guarantees that the government will treat similar individuals similarly.
This case was brought on behalf of Texas school children who argued that the large disparities in per pupil expenditures across the state violated their rights under the federal equal protection clause
of the Fourteenth Amendment.
Garver Professor of Jurisprudence at Yale, maintains the original meaning of the Equal Protection Clause
of the 14[sup.
This interest is in line with the original intent of the Civil Rights Act of 1964 as well as the Fourteenth Amendment's Equal Protection Clause
Eleven chapters discuss interpretation of the constitution; constitutional adjudication; rights under the constitution; economic due process and the Takings Clause; freedom of speech, press, and association; freedom of religion; criminal procedure; the Equal Protection Clause
and racial discrimination; substantive social protection; and the right to privacy.
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California Constitution's equal protection clause
to such a dramatic degree that it first needed the Legislature's approval.