Sentences with phrase «on equal protection»

Also, to recent developments regarding extending the definition of marriage to same sex couples state may also not prohibit interracial marriage based on the Equal Protection Clause of the Constitution.

After several constitutional challenges based on equal protection and Congressional power, the Graves Amendment to the Safe, Accountable, Flexible, Efficient Transportation Equity Act, 49 U.S.C. § 30106 (2005) essentially eliminated vicarious liability for rental car companies.

Gorsuch joined the opinion in Petrella v. Brownback (2015), holding that students and parents have standing to challenge statutory provisions that cap school districts» ability to raise extra money through additional property taxes, on equal protection and due process grounds.

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

«We believe there might even be a problem constitutionally on the equal protection clause, in terms of fair representation, the demographics about upstate, downstate, you know, the island and all that enters into pla,» Kolb said.

If the politicians didn't appoint all the judges, this would be a great subject of a federal lawsuit on equal protection grounds.

It's just not an issue but yes if you want some legal background on Equal Protection when it comes to prosecutions, enjoy it.

Though the Second Circuit did not follow the Ninth Circuit's metaphysical flight into autonomous individualism, its own decision, based on the Equal Protection clause, and apparently safer, may in fact be more dangerous.

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.

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.

Zzyym's lawsuit, filed last year by the LGBT rights legal firm Lambda Legal Defense Fund in federal court in Denver, argued that the policy of requiring either a male or female designation on passport applications violated due process and equal protection rights for intersex people.

«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 provision therefore violates the equal protection component of the Fifth Amendment right to due process, because it authorizes the Defense Department to afford preferential treatment on the basis of race and does not meet a «strict scrutiny» standard, the appeals court decided.

«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.

If one co-borrower declares bankruptcy, the other is usually afforded equal protection, meaning the other will likely not owe money on the debt.

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.

On the other hand, churches really don't want equal footing, they want totally subsidized municipal services (trash, police, fire protection, civil and national defense) AND they want to dictate to the governments that provide them the terms under which they operate.

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.

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.

(3) It will provide rights, opportunities, protections and rewards to all on an equal basis and will not discriminate against any person on irrelevant grounds.

On one side equal protection under the law is being trampled on to satisfy extrapolated (not actual) religious freedom rightOn one side equal protection under the law is being trampled on to satisfy extrapolated (not actual) religious freedom righton to satisfy extrapolated (not actual) religious freedom rights.

In a historic turn of events, a federal appeals panel in San Francisco ruled Tuesday that California's ban on same - sex marriage violates the constitutional right to equal protection.

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.

Its current repertoire of nullification tests and devices are already sufficient to knock down prohibitory legislation on religious and equal protection grounds.

Section 15 (1) states: Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

And in the twentieth century, movements pressing for colonial liberation and female emancipation furthered the demand for equal legal protection, building campaigns for human rights on the back of the promise of Magna Carta.

A key requirement of democracy is equal protection of all stakeholders - i.e., if at some point there is a completely fair vote of 2/3 population preferring the choices advocated and implemented by party A; and 1/3 preferring the choices of party B - then a system must ensure that the minority gets adequate protections and fair treatment; so that while at this moment country gets steered to choice A, the minority doesn't get punished in any way for saying that in their opinion choice B might be best; and if some of the original voters change their mind, the choice B can still be known even if the governing clique that was elected on the idea of A wants to continue with A forever.

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.

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.

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.»

In the brief, the AG challenges DOMA's constitutionality, saying it violates the right of married same - sex couples to equal protection of the law, intrudes on the state's power to define marriage and undermines the concept of federalism.

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.

Women deserve equal rights including wage equality, stronger domestic violence protections, freedom of choice and an end to sexual assault on our campuses.»

In the statement, Smikle pointed reiterated issues Republicans should tackle, including equal pay, Title IX protections for sexual assault on college campuses and abortion rights.

Young said she was proud of the GOP conference's action on a set of women's issues, including increases in public school aid, stronger equal - pay protections and bills to crack down on human trafficking.

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.

EU citizens also enjoy legal protections of the EU law, [7] specifically the Charter of Fundamental Rights of the European Union [8] and acts and directives regarding e. g. protection of personal data, rights of victims of crime, preventing and combating trafficking in human beings, equal pay, protection from discrimination in employment on grounds of religion or belief, sexual orientation and age.

It comes after a report said leaving the EU would turn the clock back on women's rights by «decades», hitting equal pay and protection against pregnancy discrimination.

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.

She has a long history working with the LGBTQ community on issues ranging from LGBTQ educational programming, securing funding for prominent LGBTQ organizations and initiatives and fighting for equal protections in the workplace.

«You have an order, the order, first of all, has to be legal... it can't on its face violate due process, equal protection.

The equal protection clause of the U.S. Constitution has been interpreted by courts to be viewed with varying levels of scrutiny, depending on who is impacted and what the nature of the law is.

His views on the gays and lesbians being able to marry shows he has no knowledge of «equal protection under the law» (14th Amendment)

Women deserve equal rights including wage equality, stronger domestic violence protections, freedom of choice and an end to sexual assault on our campuses,» she added.

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.»

On December 8, 2011, opponents filed suit, alleging that the newly drawn state House map violated the Voting Rights Act and the equal protection clause of the United States Constitution by «targeting African - American incumbents for pairing, and «cracking» the Latino community of southwest Detroit.»

The motion itself asks that the court allow LPO candidates be allowed on the ballot and that the LPO remain a legal political party in order to protect the its First and Fourteenth Amendment rights to freedom of political speech and equal protection under the law.

on issues like the Gender Expression Non Discrimination Act that would guarantee people of all gender identities equal protection under the law and The DREAM Act, which would provide financial aid to undocumented students looking to attend college.

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.