Sentences with phrase «equal protection as»

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.

Not exact matches

(As the Fourteenth Amendment says, «nor shall any State... deny to any person within its jurisdiction the equal protection of the laws.»)

As one of the most vocal Senate proponents for net neutrality, the consumer protection that compels internet service providers to ensure equal access to all websites, Franken is already on a collision course with the new administration.

«Financing Conversion Securities» means securities with identical rights, privileges, preferences and restrictions as the Qualified Financing Securities issued to new investors in a Qualified Financing, other than (A) the per share liquidation preference, which will be equal to (i) the Note Conversion Price at which this Note is converted, multiplied by (ii) any liquidation preference multiple granted to the Qualified Financing Securities (i.e., 1X, 2X, etc. of the purchase price), (B) the conversion price for purposes of price - based anti-dilution protection, which will equal the Note Conversion Price, and (C) the basis for any dividend rights, which will be based on the Note Conversion Price.

My increasing concern is that we won't see much from the incoming administration that doesn't involve intimidation, misuse of power, self - dealing, and attempts to use discretionary edict - as a substitute for equal protection and legislative process.

But some Koreans might give the impression that they should still enjoy special treatment and protections they no longer need, and that they see every negotiation as a choice between winning or losing, rather than win - win opportunities between long - term equal partners.

The seriousness of the problem is revealed by the fact that, although Trinity Lutheran has come before the Supreme Court as a free exercise and equal protection case, the Blaine Amendments most centrally collide with the Establishment Clause.

For one thing, it tends to treat them (indeed, by legal requirements of equal protection, must treat them) as interchangeable units of the citizenry, and too often this means impersonally.

In addition to civil rights for people of color, women and LGBT, there has been an expansion of religious liberty for minority sects, enforcement of viewpoint neutrality with respect to access to various public and non-public forums (e.g. religious student groups must be granted equal access to school facilities as their secular counterparts, etc) greater protections against age and disability discrimination, and recognition of habeas corpus rights even for enemy combatants.

This «moral reading» of the Constitution calls on judges to act as moral philosophers: «equal protection of the laws» should mean what best promotes «equal concern and respect» for all humans; «liberty» in the «due process» clause should mean autonomy in matters important to personal development, and so forth.

At the other end of the spectrum, one might treat phrases like «equal protection» and «free speech» as an invitation to judges to fashion whatever rules best serve the general values that the phrases suggest: equality, free expression, and so forth.

To hold that same - sex marriage is part of the fundamental right to marry, or necessary for giving LGBT people the equal protection of the laws, the Court implicitly made a number of other assumptions: that one - flesh union has no distinct value in itself, only the feelings fostered by any kind of consensual sex; that there is nothing special about knowing the love of the two people whose union gave you life, whose bodies gave you yours, so long as you have two sources of care and support; that what children need is parenting in some disembodied sense, and not mothering and fathering.

On 23 February, the United States Attorney General, Eric Holder, Jr., sent a letter to members of Congress in which he informed them that President Obama had determined that DOMA is in violation of the equal protection clause of the Fifth Amendment of the United States Constitution, and, as such, will no longer be defended by his administration.

In response, we believe in building strong marriages with our spouses and children as we start our own families, but wonder what this has to do with fighting against equal protection for gay couples.

Certainly there are many instances in which action is necessary to guarantee basic freedoms and equal protection under the law, but litigation should be the last resort, not — as too often today — the first.

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.

how about looking at it as equal protection under the law?

The Defense of Marriage Act decision used rather sweeping language about equal protection and human dignity as they apply to the recognition of same - sex unions.

Chick Fil A as a business wasn't a problem until people discover it's owner contributed money to hate groups masked as «family values» that work against equal rights and protection of gays and lesbians.

This peculiar species of what is known as «substantive due process» assimilates that clause to the standards used under the equal protection clause of the Fourteenth Amendment, and carries all sorts of borrowed baggage from the latter about «levels of scrutiny.»

A form of governance for cyberspace that takes equal entitlement to its resources seriously requires far reaching changes of the current political practices in such areas as development assistance, transfer of technology, intellectual property protection, and space cooperation.

Changes would include a drastic increase in overseas development assistance in the field of communication and under conditions more favourable to recipient parties, the adoption of the UNCTAD Code of Transfer of Technology on the terms proposed by the developing countries, a revision of provisions on the protection of intellectual property in the GATT / TWO multilateral trade accord so as to take the interests of less powerful countries and small producers into account, and the adoption of a multilateral accord on space cooperation and equal benefits.

And having been born, as persons under the Constitution, they were entitled to at least the same rights as people on death row — due process, equal protection of the law.

So, though the Pope offers no comfort to «pro-choice» Catholics such as Governor Cuomo or Senator Ted Kennedy, he in effect blesses the efforts of Governor Bob Casey and Congressman Henry Hyde to work incrementally toward the full equal protection of the unborn.

One must resolve, and, as the Pope says, publicly make manifest one's resolve, to continue working for the full equal protection of the unborn and other victims of legal injustice.

If one took the majority's assertions seriously, as Scalia's dissent noted, state constitutional provisions prohibiting polygamy would violate the equal protection principle.

The Equalities Act 2010 in the UK creates a clear protection for breastfeeding women, in that service providers (including all public services, as well as restaurants and cafés) can not refuse to provide an equal service to a breastfeeding woman, and this applies no matter what the age of the child.

I wonder if white supremacists have similar protections to discriminate against non-whites, since their god sees them as less than equal.

The judicial precedent for equal protection for federal laws is somewhat fuzzy as there is not equal protection clause specifically written as part of the fifth amendment, and the specific clause is only in reference to states in the fourteenth amendment.

However, the Fifth Amendment's due process guarantee, beginning with Bolling v. Sharpe (1954), has been interpreted as imposing some of the same restrictions on the federal government: «Though the Fifth Amendment does not contain an equal protection clause, as does the Fourteenth Amendment which applies only to the States, the concepts of equal protection and due process are not mutually exclusive.

Since Bolling v. Sharpe, a Supreme Court decisions that came out the same day as Brown v. Board of Education, the 5th amendment's Due Process clause has been interpreted by the courts to also imply a guarantee of equal protection under federal law.

As there was such amendment explicitly guaranteeing equal protection for the federal government, the courts ruled that due process necessitated equal treatment.

They are now lobbying for the creation of a new position on the college's equal opportunities committee entitling them to the same protections as disabled people, ethnic minorities and the LGBT community.

However, I have no doubt that these kinds of laws would fail under equal protection and due process considerations as soon as they would be enacted, first at the lower federal courts, and then all the way up to SCOTUS.

Cuomo on Wednesday said he will challenge the new law in court as unconstitutional on the grounds that the first federal double taxation in U.S. history violates states» rights and equal protection.

As attorney general, Eric will continue Andrew Cuomo's aggressive but fair tradition of standing up to powerful interests so that everyone in New York State has equal justice and protection from their government.»

The Appellate Division, in a 4 - 1 decision handed down Thursday, said the tax cap doesn't violate due process or equal protection clauses of the constitution, as the New York State United Teachers» lawsuit claimed.

NYSRPA believes that both the City and State of New York violate the Equal Protection Clause of the 14th Amendment by requiring the payment of fees as a prerequisite for the lawful exercise of the specifically enumerated individual civil right to keep and bear arms as guaranteed by the 2nd Amendment.

«We believe it is illegal and we will challenge it in court as unconstitutional... the first federal double - taxation in history, violative of states» rights and the principle of equal protection.»

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.

After the women announced their intention to sue the state for retaliation and equal protection violations, Mr. David said he referred the retaliation claims to the Governor's Office of Employee Relations; the harassment claims, as well as the conflicting findings of the two previous investigations, went to the Joint Commission on Public Ethics.

The suit alleges that police violated Nicholas's constitutional rights to freedom of the press, speech, assembly, and intra-state movement, as well as his rights to equal protection under the law and substantive due process.

In Reynolds v. Sims, the court ruled that «the Equal Protection Clause [of the United States Constitution] demands no less than substantially equal state legislative representation for all citizens, of all places as well as of all races.&rEqual Protection Clause [of the United States Constitution] demands no less than substantially equal state legislative representation for all citizens, of all places as well as of all races.&requal state legislative representation for all citizens, of all places as well as of all races.»

«As the playing field equals voters will respond to our message of job creation, lower taxes, protections for women's rights and health and a higher minimum wage.

As far as my research has been able to determine, there has never been a challenge to immigration enforcement based on equal protectioAs far as my research has been able to determine, there has never been a challenge to immigration enforcement based on equal protectioas my research has been able to determine, there has never been a challenge to immigration enforcement based on equal protection.

The 33 - page amicus brief argues that DOMA, which defines marriage as a union between a woman and a man, violates same - sex couples» right to equal protection under the law and «discriminates based on sex and sexual orientation.»

Westchester County Legislator Catherine Borgia said: «Thank you County Executive Latimer, for reaffirming Westchester's values as a welcoming community that believes in equal justice for all by signing the Immigration Protection Act.

«However, at this stage of the litigation, accepting plaintiffs» allegations as true, plaintiffs have, albeit barely, stated a plausible equal protection claim against defendant Antonacci.»

The Marriage Equality Act would grant same - sex couples equal rights to marry «as well as hundreds of rights, benefits and protections that are currently limited to married couples of the opposite sex,» according to a news release from Gov. Andrew Cuomo's office.

For the Max Planck PhDnet, an active network of Ph.D. candidates at the German Max Planck Society (MPG), a big victory came on 13 March: MPG finally decided to treat all of its Ph.D. candidates as employees, giving them equal professional status and full social security benefits and employment protections.