Sentences with phrase «equal protection principles»

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.

The majority opinion, written by Justice Anthony Kennedy, found that DOMA «violates basic due process and equal protection principles applicable to the federal government,» Kennedy wrote.

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

Purchased at the price of immeasurable human suffering, the equal protection principle reflects our Nation's understanding that such classifications ultimately have a destructive impact on the individual and our society.

These programs not only raise grave constitutional questions, they also undermine the moral basis of the equal protection principle.

Not exact matches

Windsor brought this refund suit, contending that DOMA violates the principles of equal protection incorporated in the Fifth Amendment.

«Equal protection under the law and religious freedom are two of the most fundamental and critical principles enshrined in our founding documents,» said Congressman Gibson.

«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.»

And every day, we stand up for core democratic principles enshrined in the Constitution: the rule of law, equal protection for all under law, freedom of speech, press, religion.

«Today's Supreme Court decision guaranteeing the right of same — sex couples to marry is a resounding victory for the principle of equal protection under the law,» said Queens Borough President Melinda Katz.

This would call into question the effectiveness of the Family Reunification Directive and thwart the specific protection for unaccompanied minor refugees, as well as the principle of equal treatment and legal certainty.

«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.»

78 However, the absence of such an autonomous and uniform definition under European Union law of the concepts of social security, social assistance and social protection and the reference to national law in Article 11 (1)(d) of Directive 2003/109 concerning those concepts do not mean that the Member States may undermine the effectiveness of Directive 2003/109 when applying the principle of equal treatment provided for in that provision.

The most basic relevant principle is the Equal Protection Clause, which forbids a state from denying a person the equal protection of its Equal Protection Clause, which forbids a state from denying a person the equal protection ofProtection Clause, which forbids a state from denying a person the equal protection of its equal protection ofprotection of its laws.

The question the Court needed to answer here was, firstly, whether housing benefits fall under the concept of social security and social protection, and secondly, whether the Italian authorities could limit the principle of equal treatment to «core benefits» of the social security system in such a way that it would exclude housing benefits.

With regard to the question of compatibility of the imposition of a residence condition with Articles 29 and 33 of the Directive, after having found that these Articles in principle require an equal treatment of all beneficiaries of international protection as regards the freedom of movement (Article 33) and a treatment that is equal to nationals of the relevant Member State in the matter of welfare benefits (Article 29), the Court concludes that a residence condition can still be imposed on beneficiaries of subsidiary protection status, if they are not in an objectively comparable situation with beneficiaries of other international protection status or nationals of the Member States as regards the objective pursued by the national law that seems to infringe on Articles 29 and 33 (point 54 of the judgment).

Giving providers assurance that guidelines can be used only in their favor may be an important step toward gaining their support; but allowing such one - sided use of evidence in a court of law raises disturbing questions of fairness and of validity under the U.S. Constitution's Fifth and Fourteenth Amendments» due process and equal protection mandates, and under state constitutional principles as well.

By hitching the meaning of the Equal Protection Clause to these transitory considerations, we would be holding, as a constitutional principle, that judicial scrutiny of classifications touching on racial and ethnic background may vary with the ebb and flow of political forces.

Because I find the Court's rejection of this holding both ill - considered and unjustifiable under established principles of equal protection, I dissent.

Harvey makes the point at K [277] that, although grounds were given for distinguishing the earlier decision «one is left with a strong impression that the limitation of retrospective access to pay protection policies owes as much to pragmatic considerations of practicability in the implementation of equal pay as to any clear issue of principle».

While the cases have not yet examined whether the Macdonald Estate principles apply with equal vigour to litigation privileged information as to solicitor - client privileged information, one would think that the same result would apply despite the greater protection applied to solicitor - client information as the integrity of the administration of justice requires that the opposing party not have access to either type of privileged information.