Sentences with phrase «equal protection claims»

Plaintiffs» equal protection claims assert that the Challenged Statutes violate their fundamental rights to equality of education by adversely affecting the quality of the education they are afforded by the state.»

«With the conceded disparate funding, compounded by the fact that taxpayers within the poorer school districts end up subsidizing, at least in part, the tax credits granted to taxpayers within the wealthier districts, I find that plaintiffs have stated a viable equal protection claim,» Lynch wrote.

«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 suit also makes an equal protection claim on behalf of the private citizens, arguing they will be deprived of representation if prisoners are counted at their last home addresses and not in the prison cells where they currently reside.

Although the issue of gender was not an equal protection claim in Loomis, the court wrote of Compas: «If the inclusion of gender promotes accuracy, it serves the interests of institutions and defendants, rather than a discriminatory purpose.»

Windsor, of course, did not expressly announce the level of scrutiny it applied to the equal protection claim at issue in that case, but an express declaration is not necessary.

Petitioner has not suggested any barrier prevented raising an equal protection claim in the Kentucky courts.

The dissenters emphasized that their view concerning the evidentiary burden facing a defendant who alleges an equal protection claim based on the State's use of peremptory challenges

Not exact matches

«It is well established that evidence of purpose beyond the face of the challenged law may be considered in evaluating Establishment and Equal Protection Clause claims,» the judges wrote on Thursday.

The suits by the American Civil Liberties Union and the Human Rights Campaign, filed in federal courts in Baltimore and Seattle, claim Trump's plan violates the Equal Protection clause of the Constitution.

In Obergefell, Kennedy's claim was that although historically the interpretation of a fundamental right to marry has not included same - sex couples, the «referenda, legislative debates, and grassroots campaigns; studies and other writings; and extensive litigation in state and federal courts» has led to an «enhanced understanding» of how the Due Process and Equal Protection clauses of the 14th amendment contain a right for same - sex couples to marry that was really there all along, though until now unseen.

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.

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.

«Now, George is trying to lie his way out of trouble by claiming he did not actually vote against women's equal pay protections ten times during his three terms in the State Assembly, but he can't hide from his record.

The suits claim the state violated CSEA - represented employees» constitutional rights to freedom of speech, freedom of association, due process and equal protection of the law when, during contract negotiations, it threatened to and did in fact, lay off CSEA represented workers, while sparing all management employees and political appointees.

Lawyers for Minnesota's public - employee unions say that state's law, passed last December to help close a $ 312 - million budget deficit, is unconstitutional because it abrogates the workers» constitutional claims to contract and equal - protection rights.

Programs for a defined population can be confined — and perhaps also can more readily be grounded in a claim of rights or of equal protection.

In an important sense, Ryan is right to claim that Scalia's embrace of Harlan's colorblind interpretation of the equal protection clause is «results - oriented.»

However, this effort failed in 1973 as a result of the Supreme Court's ruling in San Antonio v. Rodriquez that such claims did not have a basis under federal equal protection laws.

Choice supporters claim that such discriminatory exclusion violates the Fourteenth Amendment's equal protection clause and the First Amendment's free exercise clause.

Most of the cases relying on these rights have been about school funding, with the claim that unequal funding violates provisions in state constitutions that guarantee a right to an adequate education or provisions that promise equal protection.

The basic claim in this lawsuit is that California's handling of teacher tenure, dismissal, and the like are resulting in grossly ineffective teachers being placed in classrooms; that these teachers are disproportionately affecting low - income and minority students; and that this violates the California Constitution's guarantee of equal protection.

In papers filed with the U.S. Court of Appeals for the Seventh Circuit, the teachers claimed that the layoff clause in their contract violated their equal - protection and due - process rights under the 14th Amendment and their right to protection from racial discrimination under Title VII of the Civil Rights Act of 1964 and Sections 1981 and 1983 of the Civil Rights Act of 1871.

This alleged «disparate impact,» they claimed, violated the state constitution's equal protection clause.

[1] ESSA's website claims that the law «Advances equity by upholding critical protections for America's disadvantaged and high - need students» and that it is committed «to equal opportunity for all students.»

To do otherwise would subject the board to constitutional claims, because people have the right to equal protection of the laws from governmental agencies, such as boards of education... A written policy can be invaluable in such situations to guide administrators and to inform parents as to what the rules are.»

The Judge granted the County's motion to dismiss on all claims, including a challenge under the Commerce Clause, Equal Protection Clause, federal and state law preemption, Contracts Clause, and vagueness.

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.

In addition to the constitutional claims you might expect here — for violations of the students» rights to free speech, free exercise of religion and equal protection — the complaint contains a Fourth Amendment claim based on an illegal seizure of the «rubber babies.»

(Most of the other partisan gerrymandering claims have been based on the First Amendment's speech and association rights or the 14th Amendment's equal protection clause.)

In its decision, one of the judges referred to the claim for equal human rights protection as an effort to seek «the validation of homosexual relations, including sodomy, as a protected and fundamental right... rebutting a millennia of moral teaching» and then shockingly went on to liken the protection of sexual orientation in human rights legislation with the «violently aberrant sexual configurations» of mass murderers Jeffrey Dahmer, Paul Bernardo and Clifford Olsen.

Fourteenth Amendment — all incorporated Bill of Rights claims, liberty and property interest claims based on procedural and substantive due process, name - clearing hearings, equal protection, and conditions of confinement for arrestees and pretrial detainees.

We have successfully prosecuted civil rights claims and defended clients against civil rights complaints, including those alleging First Amendment violations, Due Process and Equal Protection violations, Age and Sex Discrimination claims and other violations of the United States and State Constitutions.

Claims under the equal protection clause, he argues persuasively, are destined to fail unless and until some court somewhere declares gays and lesbians a protected class — not likely.

The lawyers at GPS&L guide clients through structural changes; executive appointments and severances; management of employee relations, and personnel matters; advise and litigate equal employment opportunity and discrimination - based issues; and defend and prosecute claims involving the protection of business assets and reputation.

Simon conducts his own advocacy in both employment tribunals and the Employment Appeals Tribunal on all areas of employment law including wage claims, unfair dismissal, all types of discrimination as well as TUPE, data protection and equal pay.

The Court does not reach or decide any claim that the statute or itsapplication denies equal protection, procedural or substantive dueprocess, or any other constitutional rights.

The Court never applies this conventional equal protection framework to the claims at hand, perhaps to avoid acknowledging that the state interest involved here has historically been regarded by this Court as substantial, if not compelling.

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.

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.

In Bainbridge 1 the EAT upheld the tribunal's finding that it was unlawful not to extend pay protection beyond those actually losing pay under the new payment system in local government (the Green Book) to cover the claimants who had successfully claimed equal pay in relation to the pre-Green Book system and who would have lost money under the new system if they have been properly paid under the old one (see [2007] IRLR 91, [2006] All ER (D) 197 (Nov)-RRB-.

It deferred ruling on the plaintiffs» claim that § 702 violates the Due Process and Equal Protection Clauses of the United States Constitution, id.

In contrast, human rights give Aboriginal and Torres Strait Islander peoples a means for expressing their legitimate claims for equal access to goods and services, most importantly equal protections of the law — and a standard that government is required to measure up to.