Sentences with phrase «protection clauses»

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.

Speaking during the Commission press conference, EC justice commissioner Vera Jourová noted there are alternative mechanisms for companies to share data ahead of an updated Safe Harbor framework, such as «standard data protection clauses in contracts» or «binding corporate rules for transfers within a corporate group».

Riders are additional protection clauses which enhance the scope of coverage.

Private student loans don't have the same kind of consumer protection clauses that federal loans have, so while a cosigner may be able to work out a deal with a lender, lenders are under no obligation to reduce the balance or help you make payments.

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

In the second of two articles on yield protection clauses, James Farn looks at the practical effect of the Increased Cost clause in a committed loan agreement.

A typical committed term loan facility agreement will contain a number of yield protection clauses which are designed to ensure that the bank, over the term of the commitment, receives the return which it expects when entering into such an agreement.

And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.

There is the theoretical possibility of employing the Due Process and Equal Protection clauses to arrive at the unconstitutionality of a federal policy that discriminated racially.

In the North Carolina case, the court dismissed two counts in LegalZoom's 2001 lawsuit against the bar, in which LegalZoom alleged that the bar's efforts to shut it down violated the anti-monopoly and equal protection clauses of the state constitution.

Design Hotels ™ assures that data protection clauses of the German Data Protection Act are being observed.

Private student loans don't have the same kind of consumer protection clauses that federal loans have, so while a cosigner may be able to work out a deal with a lender, lenders are under no obligation to reduce the balance or help you make payments.

The Wisconsin Supreme Court held that a «released time statute,» which allows students to leave school for part of the day to receive religious instruction, does not violate the Establishment or Equal Protection clauses of the U.S. Constitution or the freedom of worship or district school sections of the Wisconsin Constitution.

Specifically, the challenged laws violate the Due Process and Equal Protection Clauses of the U.S. Constitution.

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.

Saland was one four Senate Republicans to back the bill, but he had a starring role in crafting the relgious protection clauses in the measure.

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

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.

Virtually the entire Bill of Rights has now been applied against the states, achieving three revolutionary results at once: 1) The original understanding of federalism has been obliterated, so that the states exercise their power now largely at the sufferance of the Supreme Court; 2) The Due Process and Equal Protection clauses of Section 1 have become a kind of witches» cauldron from which an exotic brew of postmodern nostrums has been fed into the bloodstream of the political culture; 3) The Supreme Court has successfully arrogated to itself more or less exclusive powers of constitutional interpretation.

«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.

«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.

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.

Self - attestation would effectively render the small - investor protection clause of the law toothless.

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.

Generally speaking, the Equal Protection clause requires that similarly situated people must be treated alike.

Instead, Judge Roger Miner ruled that the prohibition violated the Fourteenth Amendment's Equal Protection Clause («No State shall... deny to any person within its jurisdiction the equal protection of the laws»).

@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.

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.

(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.

But the animus analysis reaches the same result, for a class is allegedly picked out and bullied in violation of the equal protection clause; whether the class is entitled to special judicial protection doesn't matter if the legislators or voters can be ascertained to have a suspect motive.

Radical feminism overrode the Constitution in United States v. Virginia, which held, seven votes to one, that the equal protection clause required Virginia Military Institute to admit women.

The Supreme Court, in an indecipherable opinion (Romer v. Evans), held that this denial of special status to homosexuals violated the equal protection clause of the Fourteenth Amendment.

VMI had been an all - male military college for over 150 years and had coexisted peaceably with the said equal protection clause for 128 of those years.

The final curtain has not fallen, but it is VERY difficult to see that the Equal Protections Clause would not apply.

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

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.

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.

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.

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.»

«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.