Sentences with phrase «protection under the constitution»

Let me guess, you think that because I am in favor of people getting equal protection under the constitution that I am gay?

Some specific cases may be referred or brought directly to the Constitutional Court if a law or government action is being challenged which is based on protections under the Constitution.

Not exact matches

Hogan attorney David Houston called it «disgusting» that Gawker claimed speech protections under the First Amendment of the U.S. Constitution.

In this sense they are more like books or magazines than television, and they are entitled to the same protection under the First Amendment of the U.S. Constitution accorded books and magazines.

We decide our own laws - as long as they fall under the umbrella of a Constitution written with the protection of individual freedom in mind.

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.

First, this proposed injunction would constitute a prior restraint on the Defendants» rights under the First Amendment and the parallel protections under the California Constitution.

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.

Reed is also less troublesome to Lindseth to the extent that the court's decision was based on students» equal protection rights under the state constitution rather than on the guarantee of an adequate education.

Teaching With Documents Lesson Plan: Documents Related to Brown v. Board of Education Use primary source material from the National Archives to learn about the 14th Amendment, primarily the equal protection clause, as well as the powers of the Supreme Court under Article III of the U.S. Constitution.

When their children were not promoted to grade 4, the parents filed a class action suit in state court, alleging violations of the children's due process and equal protection rights under the state and federal constitutions.

Because education is a «fundamental interest» under the state Constitution, the five statutes that «dictate this unequal, arbitrary result violate the equal protection provisions of the California Constitution» and should be overturned.

Plaintiffs allege that these statutes, which impinge students» fundamental right to education and have a disproportionate impact on low - income and minority students, violate their equal protection rights under the California Constitution.

In 2007 in Parents Involved in Community Schools v. Seattle School District No. 1, the United States Supreme Court invalidated race - conscious plans in Seattle, Washington, and Louisville, Kentucky, finding that explicitly pursuing racial balance in K - 12 schools by using race as a criterion for admission and placement was impermissible under the Constitution's equal protection clause.

There isn't one specific provision in the California constitution that's violated, exactly: Rather, the court identifies three «pertinent» clauses in the constitution: a guarantee of equal protection under the law, a provision ordering the legislature to encourage «intellectual [and] scientific improvement,» and a requirement that the legislature «provide for a system of common schools.»

Gresham asked Attorney General Robert Cooper whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students» rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

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. Caliconstitution and the U.S. Constitution's Equal Protection Clause in the Vergara v. CaliConstitution's Equal Protection Clause in the Vergara v. California case.

1) Whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students» rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

(3) appraise the laws and policies of the Federal Government with respect to denials of equal protection of the laws under the Constitution because of race, color, religion or national origin or in the administration of justice;

Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

Video games are fully protected speech under the Constitution and receive the same First Amendment protection as books, movies, music and television.

For that reason, the SCC submitted its first - ever preliminary reference to the CJEU questioning, in the sensitive part, whether under Article 53 of the EU Charter of Fundamental Rights the Spanish Constitution could grant a higher level of protection than that provided for under EU law.

To uncover the Constitutional underpinnings of individual privacy in the Bill of Rights, take a peek at the Fourth Amendment's golden rule against unreasonable searches and seizures, as well as rights under the First (freedom of religion, speech, press, assembly), Third (no quartering of troops), Fifth (no self - incrimination) along with the Ninth (the catch - all that preserves rights not specifically named in the Constitution) and Fourteenth Amendments (due process, equal protection).

Lord Irvine explained his intention in his second reading speech: «The traditional freedom of the individual under an unwritten constitution... gives no protection from misuse of power by the state... Our courts will develop human rights throughout society.»

My own view is that judges should work under a presumption that the legislature dutifully considered the Constitution and sought to keep the law within the bounds of the Constitution, but should also be prepared to rebut that presumption and, as I said in my last article, «vigorously enforce» Charter protections.

A state court is has the power to enforce greater protections to a person claiming rights, relying on the state's constitution, than those guaranteed under the federal constitution.

Pursuant to Article III of the Constitution, justices of the Supreme Court, circuit judges and district judges receive lifetime appointments and protection against reduction in salary.3 Congress created the bankruptcy courts pursuant to its power under Article I of the Constitution and Article I bankruptcy judges do not enjoy the tenure and salary protections afforded to Article III judges under the Constitution.

«The [FISA] Court found that the protections that the Executive Branch had established were reasonable under the Constitution, especially with regard to the rights of non-U.S. persons.»

According to him, «The Court found that the protections that the Executive Branch had established were reasonable under the Constitution, especially with regard to the rights of non-U.S. persons.»

Because of the possible protections afforded «freedom of religion» under the constitutions of many countries, we've seen various groups or individuals seek to exempt their activities from the normal operation of the law by claiming to be or belong to «churches» or «religious organizations.»

The Volokh Conspirators are deep into the fine print in their posts on a 43 - page opinion issued yesterday by Judge Joseph Bataillon, a Clinton appointee to the U.S. District Court for the District of Nebraska, who has struck down a 2000 amendment to the Nebraska Constitution limiting marriage under Nebraska state law to opposite sex relationships (Citizens for Equal Protection v. Bruning).

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.

But we can work together to make sure your side of the story is heard, and you get the legal protection you need and deserve under the US and state constitutions.

We have a national mobility agreement in Canada, under the Constitution we have mandates that people can work in every place in the country, and there are now inter-provincial and federal agreements in place that support that constitutional protection.

There, the Florida Supreme Court struck down the cap on noneconomic damages in a wrongful death medical malpractice case because it violated equal protection under the Florida constitution.

There is not binding case law in all parts of the United States on the incorporation of the 3rd Amendment on quartering soldiers under the 3rd Amendment (but this is not a big deal since there are very few soldiers who don't count as federal who seek to be quartered in someone's house and there are other incorporated rights which overlap with this one like the 5th Amendment eminent domain rights that overlap with the protections of the 3rd Amendment, and because many state constitutions contains 3rd Amendment protections anyway).

[1] The issue in this case is whether the British Columbia Minister of Forests, Lands and Natural Resource Operations («Minister») erred in approving a ski resort development, despite claims by the Ktunaxa that the development would breach their constitutional right to freedom of religion and to protection of Aboriginal interests under s. 35 of the Constitution Act, 1982.

Nevertheless, after quoting liberally from Scalia's scathing dissent in King and noting that King «eviscerated protections against suspicionless searches long recognized under both the federal and state constitutions,» the Buza court seemed to acknowledge what it was up against and stepped back from deciding the case on Fourth Amendment grounds.

IV of the United States Constitution and under the Fourteenth Amendment's Equal Protection Clause.

Criminal Defense Attorneys ensure that their clients are afforded all of the protections they can receive under the law and constitution, and are fairly represented.

However, it may not provide protection for Indigenous people against laws passed under other parts of the Constitution such as the «territories power in s122.

Under the Canadian Constitution Act 1982, land claim agreements and treaty rights have legislative protections without any derogation of these rights in preference to other agreements or rights.

Since June 2015, marriage equality has been legal in every state across the U.S.. That's because a Supreme Court ruling determined that marriage is a guaranteed right that is protected under the U.S. Constitution and the Equal Protection clause of the 14th Amendment.

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.