Falcis, who identified himself in the petition as gay, argued that limiting marriage to heterosexual couples is a violation of the rights to due process and equal protection
None of this will change by introducing equal protection
The equal protection
clause is located in Section 1 of the 14th Amendment and as written says, "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.
During the pendency of the case at the RTC, Garcia filed before the Court of Appeals a petition for prohibition and temporary restraining order (TRO) questioning the constitutionality of RA 9262 for being discriminatory and being violative of the due process and equal protection
clauses and the validity of the TPO for being an "unwanted product of an invalid law.
The Court, however, gave no credence to the argument that the equal protection
guarantees of the Civil Rights Act are at war with its disparate impact provisions.
93) While I have argued above that the Dellinger/Johnsen framework can be adapted to the nondefense context, in this Part I turn to my argument that the equal protection
context is one of the more compelling areas for presidential assertion of the prerogative not to defend a statute.
This Article offers a framework for assessing the equal protection
implications of government speech that expresses hatred on the basis of class status.
The lower court found that Section 3 of DOMA was unconstitutional under the Equal Protection
IN AUGUST a federal judge in San Francisco ruled that Proposition 8, California's voter-approved ban on gay marriage, violates the 14th Amendment's command that no state may "deny to any person within its jurisdiction the equal protection
of the laws.
5m to Corey Airport Services after it found that the City of Atlanta, Clear Channel and Barbara Fouch had conspired to deprive Corey of its equal protection
Such basic principles include equal protection
under the law, and protecting unpopular minorities from the tyranny of the majority.
Board of Education of Prince Edward County, the Supreme Court ruled that in shutting its school system, the county had denied black students equal protection
of the Laws as guaranteed under the 14th Amendment.