Sentences with phrase «equal protection»
"Equal protection" is a phrase that means everyone should be treated fairly and equally under the law, without any discrimination or unfair treatment based on things like race, gender, or religion. It ensures that everyone has the same basic rights and opportunities, regardless of their differences. Full definition
In that case, the SC found that prohibiting blacks and whites marrying violated the due process and equal protection clauses of the 14th amendment.
religion.blogs.cnn.com
«They are asking only for equal protection under the law,» she explained yesterday.
The industry also claims the regulation violates equal protection clause, saying it treats manufacturers of heavier products different from those creating smaller - but equally toxic - products.
While all these distinctions might support a claim under conventional equal protection principles, a defendant would also have to establish standing to raise them before obtaining any relief.
If the politicians didn't appoint all the judges, this would be a great subject of a federal lawsuit on equal protection grounds.
Based on their findings, they call on federal and state governments to strengthen the labor laws and their enforcement of those laws and to provide equal protection to immigrants in the workplace.
To the contrary, these laws have the effect of retaining and protecting some grossly ineffective teachers — thus, denying equal protection to the unfortunate students who are assigned to them.
I think it may very well violate the due process and equal protection laws.
This category does not accurately describe laws which seek to recognise and give equal protection to cultural differences within our society in accordance with our international law obligation to achieve equality.
He's an outspoken critic of pretty much any legislation or social movement that might give LGBT people equal protection under the law or say, a chance at life.
2.1 The right to equality before the law - including equal protection of property interests before the law.
I'm not getting into the whole equal protection analysis.
Indigenous peoples like other self - determining peoples should have control of resources on their land and enjoy equal protection of their property interests before the law.
Let me guess, you think that because I am in favor of people getting equal protection under the constitution that I am gay?
Can we provide every member of the human family equal protection under the law?
Even with this history, how these tools affect equal protection and due process of defendants remains unresolved.
It raises concerns for all claimants seeking equal protection of the law, including women and girls.
To achieve the necessary equal protection of Indigenous property rights, differential treatment of such rights is required.
This resulted in not only equal rights but also equal protection within the marriage union.
This alleged «disparate impact,» they claimed, violated the state constitution's equal protection clause.
As far as my research has been able to determine, there has never been a challenge to immigration enforcement based on equal protection.
All citizens must have basic rights to life and liberty, and political rights to the vote and to equal protection under the law.
The campaign involves clergy, concerned activists and individuals from various faiths calling for equal protection of the law for all and access to a better life in this country.
This case represents a fascinating, and potentially pivotal, moment in the history of education litigation based on education rights and equal protection rights in state constitutions.
-LSB-...] Just as Lawrence [v. Kansas] omitted any explicit declaration of its level of scrutiny with respect to due process claims regarding sexual orientation, so does Windsor fail to declare what level of scrutiny it applies with respect to such equal protection claims.
If Scalia, Thomas et al believe that corporations are entitled to First Amendments freedom of speech rights then I ask why, under Fourteenth Amendments Equal Protection provisions they do not pay taxes at the same rate that I pay?
The other national case challenging ICWA also makes the race - based equal protection argument — but it lost its first challenge.
It accidentally devolved into a sexual orientation equal protection case when an attorney for Abbott used a peremptory challenge to strike a gay man from the jury pool.
The rational basis test is always applied first when a state or federal statute is challenged as a violation of the Fourteenth Amendment Equal Protection Clause.
Since exposures will inherently be global in nature, exposure limits must be harmonized to ensure that individuals around the world are given equal protection from adverse health effects.
BY ARTHUR S. LEONARD The seven - member Ohio Supreme Court unanimously rejected a free speech and equal protection challenge to the state's law making it a felony assault for a person who knows he is HIV - positive to engage in «sexual conduct» with another person without disclosing their HIV - positive status.
«Attorney General Schneiderman is committed to ensuring that all New York residents are afforded equal protection under the law,» Kristen Clarke, who heads the AG's civil rights bureau, wrote to Barneys CEO Mark Lee and Macy's Chief Stores Officer Peter Sachse.
JUSTICE STEVENS does not explain how his views square with Croson, or with the long line of cases understanding equal protection as a personal right.
Mr. Seeman also represents clients in cases involving inverse condemnation, easements, restrictive covenants, quiet title actions, First Amendment and equal protection issues, landlord / tenant disputes, and real property tax appeals.
However, the Court is silent on the strength of the State's interest, apparently leaving this issue, among many others, to the further «litigation [that] will be required to spell out the contours of the Court's equal protection holding today...» Ante at 102 (WHITE, J., concurring).
«Sojourners supports equal protection under the law and full legal rights for all people regardless of sexual orientation,» the magazine stated.
A friend who has been teaching a course on constitutional law for a couple of decades and has achieved a national reputation confided recently that he plans to stop teaching the course; there just isn't any integrity to the subject, and it becomes almost a degrading experience to have to teach, say, equal protection doctrine and pretend that the Court's decisions are the product of any sort of coherent thinking.
Citing Ferdon, the court held that statutory caps must be «reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation in order to satisfy State equal protection guarantees.»
His proposals include extending equal protection of women, ethnic minorities and gender identity groups as well as protecting abortion rights now provided by federal law that could be struck down by the Supreme Court.
Prior to the enactment of the Fair Housing Act Amendments of 1988 adding handicapped to the protected classes, the Supreme Court addressed the applicable standard of review for alleged Equal Protection clause violations against mentally retarded people in the case City of Cleburne v. Cleburne Living Center.
«Can a private citizen sue a government agency or actor under a class of one equal protection theory where the government office gives special treatment to one of its own — treatment that it denies private citizens -LSB-?]»
the evidentiary burden placed on a criminal defendant who claims that he has been denied equal protection through the State's use of peremptory challenges to exclude members of his race from the petit jury.