Questions tagged [equal-protection]
The equal-protection tag has no usage guidance.
30 questions
4
votes
1
answer
169
views
Has the constitutionality of day-fines been challenged in the US?
Day-fines are a type of fine, common in many European countries, in which the amount of the fine is based on both the severity of the offense and the income of the offender; thus, an investment banker ...
- 17.3k
2
votes
2
answers
154
views
Equal Protection and Free Benefits in the United States
What parameters determine whether an organization may give free goods and services based on protected characteristics?
I'm trying to understand the pattern of organizations that dispense benefits to a ...
- 553
2
votes
1
answer
118
views
Equal Protection and Charitable Activities in the United States
What parameters determine whether a non-profit can maintain its tax-exempt status while dispensing benefits based on protected characteristics?
I'm trying to understand the pattern of organizations ...
- 553
7
votes
1
answer
1k
views
Constitutional Race-Conscious Policies
In 2021, the Biden administration created a loan forgiveness program that excluded white farmers. It was ruled unconstitutional and a violation of equal protection. (Wynn v. Vilsack et al)
Washington (...
- 553
2
votes
1
answer
72
views
Equal protection, discrimination, and real estate
I am curious about the apparent success of ethnically restrictive laws on residence or property ownership after the fourteenth amendment was ratified.
Hansberry v. Lee, 311 U.S. 32 (1940) ruled that a ...
- 814
1
vote
4
answers
195
views
is mistake of fact a defence in various laws relating to protected classes?
If a law for example criminalises intimidating or assaulting someone who suffers from dwarfism , if the person doesn't know that the person is suffering from dwarfism or what dwarfism is but makes fun ...
user49663
7
votes
1
answer
1k
views
Is it legal for a disability accomodation to inconvenience able-bodied people?
About 10 people and I cycle to work and have to swipe a card on a post to get through the gates.
Now, someone in a wheelchair has started working here too, and because the post's position was ...
- 660
1
vote
1
answer
127
views
Is a police chief charging me again for same cause of action previously dismissed selective prosecution? [closed]
I live in a smal TX town (<850 people), with one policeman and a chief overseen by mayor and town council, where there is a 250ft rule for no livestock within city limits & an exemption noted ...
- 21
4
votes
1
answer
187
views
Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city?
In 2020, the NYPD reached a settlement with three Muslim women who were forced to remove their hijabs (which obscured their heads, but not their faces) for the purpose of having their mugshots taken (...
- 89
9
votes
2
answers
1k
views
Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?
Circuit splits have the effect of treating people in America differently with regards to the law depending on where they live, due to differing interpretations of the same statute. Some of these ...
- 795
9
votes
1
answer
2k
views
Could the U.S. squeak out a compelling argument that it is not bound by the Equal Protection Clause or that it be treated differently than states?
Points of law
“The Equal Protection Clause prohibits a State from "deny[ing] to any person within its jurisdiction the equal protection of the laws." Amdt. 14, § 1.” Evenwel v. Abbott, 578 U....
- 3,952
2
votes
4
answers
389
views
Why is equality under the law, the ideal? Shouldn't high ranking government and military officials be given greater benefit of the doubt, trust, etc.?
I've always found the concept of 'equality under the law' to be self-contradictory in any society when there are very clear hierarchies in the same society, with explicit privileges granted as one ...
- 352
0
votes
3
answers
171
views
Why are state senators not elected by county?
As far as I know, no states elect their state senators by county. Why not? US senators are elected by state, so wouldn't it make sense for state senators to be elected by county?
- 17.3k
0
votes
2
answers
64
views
What part did the supreme court play in codifying the rights of veterans at a constitutional level?
With respect to the rights of veterans, what part has the supreme court played in codifying or striking down laws that were deemed to be constitutional\unconstitutional at either the state or federal ...
- 111
2
votes
1
answer
143
views
Is this really an explanation of Equal Protection of Law?
My teacher was explaining Equal Protection of Law to our class, actually he was explaining reasonable grounds for violation of Equal Protection of Law by State, and he explained it thus:
Suppose there ...
- 23
13
votes
2
answers
3k
views
How is anti discrimination legislation reconciled with freedom of contract?
Let's say a landlord doesn't like someone's personality and chooses not to enter into a contract. In most common law territories this is their right to do businessor not as a private party with ...
1
vote
3
answers
185
views
Why are legal fees not unconstitutional where equal protection clauses exist?
I live in Canada, where the equal protection clause looks like this:
Equality Rights
Equality before and under law and equal protection and benefit of law
15 (1)
Every individual is equal before and ...
- 11
1
vote
2
answers
160
views
Does it violate equal protection for the prosecution to use crossdressing as evidence of intent to commit prostitution?
In Short v. City of Birmingham
At trial, evidence presented by the City showed that, on May 10, 1980, at approximately 2:15 A.M., two Birmingham police officers assigned to Vice Detail saw the ...
- 113
6
votes
1
answer
136
views
How do laws affecting racial and gender justice programs work?
Recent COVID19 relief packages in the United States include racial justice measures, such as additional funds without repayment for farmers on the basis of race. Although the COVID19 relief itself ...
- 61
26
votes
4
answers
10k
views
Can Hollywood discriminate on the race of their actors?
Under the Civil Rights Act of 1964 and later addenda, employers in the US "cannot discriminate" on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), ...
- 2,225
-3
votes
1
answer
96
views
What is "racism"? [closed]
The phrase "the best applicant should get the job" is considered racist.
A college professor is suspended for refusing to give preferential treatment to black students.
Quoting MLK famous &...
- 1,869
1
vote
1
answer
769
views
Why is a business allowed to refuse a customer?
The Dutch constitution says that everyone shall be treated the same when the circumstances are the same (my translation; original: gelijke behandeling in gelijke gevallen). In addition to that, there ...
- 226
0
votes
1
answer
193
views
What does "animus" mean in legal terms?
I am reading the article "The Measure and Mismeasure of Fairness: A Critical Review of Fair Machine Learning". In here there is a concept of "acting with animus", I wonder what this means in legal ...
- 1,636
0
votes
1
answer
208
views
Why does the government have the burden of proof in equal protection cases?
In US law strict scrutiny requires the government to prove there is a legitimate reason for any law which discriminates. Why is the burden of proof on the government and not the other way round?
- 101
2
votes
2
answers
2k
views
Could members of a minority use collective action to negotiate with racist employers?
Some employers are more frequently accused of committing unlawful discrimination. Since union membership can encompass multiple businesses and since union membership does not have to include every ...
21
votes
3
answers
10k
views
Are homeless people protected by antidiscrimination laws?
I was in a restaurant in New Jersey (USA) recently and witnessed the owners telling a (possibly) homeless person that he couldn't come inside because he smelled too bad. Is this legal?
More generally,...
- 313
1
vote
1
answer
414
views
Are marketplace lenders subject to fair lending laws?
Are 'marketplace' lenders, such as those using Lending Club or Funding Circle, etc., subject to fair lending provisions, such as the Equal Credit Opportunity Act or the Fair Lending provisions of the ...
- 113
-1
votes
1
answer
208
views
sexual assault, intoxication, consent [duplicate]
This question/answer did not quite satisfy my curiosity.
Let's assume this is about heterosexual sex. In a society with law that does not discriminate with respect to gender, if both a woman and man ...
38
votes
3
answers
39k
views
Can women also go shirtless in public legally?
Do women have the same rights as men to walk on the beach or sidewalk topless where men are also walking bare-chested without being discriminated against? If a woman is arrested or asked to leave by ...
- 1
-1
votes
1
answer
142
views
Impartiality of the law [closed]
Why is it harder to complain against a police officer (let alone prosecute) than it is to complain against a civilian (for the same crime)?
If a civilian so much as yells at me, I can call 911 and an ...
- 534