Sentences with phrase «equal protection clause»

In that case, the SC found that prohibiting blacks and whites marrying violated the due process and equal protection clauses of the 14th amendment.

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.

The request comes after a California Superior Court struck down various teacher tenure and seniority statutes under that state's constitution and the U.S. Constitution's Equal Protection Clause in the Vergara v. California case.

Strangely, one day before the U.S. Supreme Court ruled that the Fourteenth Amendment's Equal Protection Clause requires states to recognize gay marriage, it refused to rule that the clause forbids racial discrimination, its original purpose.

«The States argue that the Executive Order violates the Establishment and Equal Protection Clauses because it was intended to disfavor Muslims,» the Ninth Circuit judges wrote on Thursday.

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.

«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 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.

In 1989 the Supreme Court of the United States declared the Board of Estimate unconstitutional on the grounds that Brooklyn, the most populous borough, had no greater effective representation on the Board than Staten Island, the least populous borough, a violation of the Fourteenth Amendment's Equal Protection Clause pursuant to the high court's 1964 «one man, one vote» decision.

For several decades, school finance advocates have tried to convince federal courts that the Fourteenth Amendment's Equal Protection Clause guaranteed a federal right to an education and therefore equal resources.

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.

Because by not extending it to non-citizens, it would violate equal protection clause of the constitution.

After their case was consolidated with those of 28 other marriage equality plaintiffs from four states, the Court ruled 5 - 4 on June 26, 2015, that the fundamental right to marry is guaranteed to same - sex couples under the due process and equal protection clauses in the Constitution.

The claims based on the Fourteenth Amendment equal protection clause and Title VI of the Civil Rights Act failed for insufficient evidence of discriminatory intent.

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.

With the help of the Transgender Law Center and the civil rights law firm Relman, Dane & Colfax, Whitaker sued his school district, arguing that it was violating his rights under Title IX and the 14th Amendment's Equal Protection Clause.

Justice Kennedy wrote for a 5 - 4 majority in U.S. v. Windsor that the federal Defense of Marriage Act is unconstitutional on grounds that it violates the equal protection clause of the fourteenth amendment.

@ME II: Many point to the 14th and its equal protection clause, but many also point to Article 6's «no religious test» clause also.

@Live4Him, Many point to the 14th and its equal protection clause, but many also point to Article 6's «no religious test» clause also.

Leon said the federal regulations for coverage of contraception violated the equal protection clause of the Constitution, the Religious Freedom Restoration Act, and the Administrative Procedure Act.

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.

(Well, one thing that «turns out» is that the only constitutional law Obama actually taught at the University of Chicago was the equal protection clause.

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.»

Preparations are already underway to make the case before the Supreme Court that state Blaine Amendments violate the equal protection clause and the free exercise clause of the Bill of Rights.

Meanwhile, in New York, the Second Circuit Court of Appeals ruled in Quill v. Vacco that while there is no «historic» right to die, the state of New York violates the equal protection clause of the Fourteenth Amendment with its prohibition of assisting suicide.

You have to have an objective standard that is applied to everyone, otherwise you violate the Equal Protection Clause of the Constitution.

That may be your personal line, but it's not the legal standard, and can't be the legal standard, otherwise you violate the Equal Protection Clause of the Constitution.

I find the equal protection clause promise of the Civil Rights Act especially pertinent.

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.

I believe that, in the end, the courts will settle this matter on the side of our Constitution's religious freedoms and equal protection clauses.»

I am pleased that the court recognized that the federal Defense of Marriage Act lacks an adequate justification and violates the equal protection clause of the U.S. Constitution.

Considering how many people this excludes, doesn't this violate the Equal Protection Clause?

And indeed, in some cases, the Supreme Court has ruled that party primaries violated the Equal Protection clause.

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.

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.

Curley, by your logic the equal protection clause would also preclude the govt from taxing the wealthy more than the poor.

Cuomo said there are a number of strong arguments the legislation is unconstitutional, pointing to states» rights to tax, citizens» rights not to be double taxed, and the Equal Protection Clause.