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Equal Protection

Confessions of a Former Muslim Students Association Board Member

Atif Choudhury | Posted 03.25.2014 | College
Atif Choudhury

Categorically bugging all mosques and "infiltrating" MSAs might be the quick and easy option for our government to show us that it is "doing something" to combat terror, but is it really the most optimal method for serious law enforcement?

5 Reasons You Should Care About the New Mexico Supreme Court's Gay Marriage Ruling

John Culhane | Posted 02.19.2014 | Gay Voices
John Culhane

Yesterday's decision was just the latest in a heady string of wins for the marriage equality movement. But the court's decision is worth pausing to note for a few reasons

Taking the Low Road: Ohio's Mike DeWine Fights a Couple's Final Wish

David Pepper | Posted 09.25.2013 | Politics
David Pepper

This case highlights the truly strained and hollow arguments that an Attorney General dedicated to defending discrimination has to muster in court, particularly after the Supreme Court's recent decisions

And Marriage Makes Three: A Gay Rights Trilogy Secures a Legacy

Julie A. Nice | Posted 09.02.2013 | San Francisco
Julie A. Nice

The Supreme Court's landmark ruling this week in U.S. v. Windsor invalidating Section 3 of the federal Defense of Marriage Act follows a path carefully forged by Justice Anthony Kennedy.

Affirmative Action and the Future

Geoffrey R. Stone | Posted 06.25.2013 | Politics
Geoffrey R. Stone

We encourage universities to more fully document the factual necessity of their plans and the reasons why some limited consideration of race in a holistic review process is the only practical way to achieve the diversity they think necessary to serve compelling educational interests.

Justice Scalia, "Originalism" and Homosexuality

Geoffrey R. Stone | Posted 04.17.2013 | Politics
Geoffrey R. Stone

The same reasoning that leads Justice Scalia to conclude that the Framers' ignorance of cell phones and the Internet doesn't resolve questions about "the freedom of speech" should also lead him to the Framers' ignorance about the nature of sexual orientation. If one is going to be an "originalist," at least one should be consistent about it.

We Should Not Be Satisfied Until Full Marriage Equality is Realized

Caroline Fredrickson | Posted 05.29.2013 | Politics
Caroline Fredrickson

If the high court takes the narrow route - dismissing Prop 8 on standing grounds and striking DOMA only on federalism grounds - it will mean that many lesbians and gay men will continue to be treated differently and unequally by too many states.

DOMA Likely Going Down, With Or Without Strong Precedent

Paul Hogarth | Posted 05.28.2013 | Gay Voices
Paul Hogarth

DOMA clearly violates equal protection, but the Supreme Court could repeal it on more technical grounds, ruling either that House Republicans lack standing to defend it, or that it is an attack on states' rights. But either of these less desirable outcomes would still be a victory for marriage equality.

A Gay Old, and New, Time at the Supreme Court

Alex Glashausser | Posted 05.28.2013 | Gay Voices
Alex Glashausser

It is not the Constitution that changes. It is we, the people. When applying an old principle to a modern situation, we need not be hostages of history.

Brian S. Brown -- A Crusader Spreading Unhappiness Around the World

Judge H. Lee Sarokin | Posted 05.26.2013 | Politics
Judge H. Lee Sarokin

The New York Times describes Brian S. Brown as "the nation's leading opponent of same-sex marriage," who is spreading his message around the world.

The Constitutional Case for Marriage Equality

Doug Kendall | Posted 04.30.2013 | Gay Voices
Doug Kendall

For us, marriage equality cases aren't a matter of politics or ideology; they are a fight for the true meaning of one of America's most sacred constitutional rights.

Some Arguments Just Don't Have Two Sides

Roy Speckhardt | Posted 04.09.2013 | Media
Roy Speckhardt

Bigoted people of all stripes and sizes will continue to cling to their prejudices and sadly, they will even demand that their intolerant and inaccurate beliefs be the standard by which all of society lives. It's time to call them on their hate and stop equating them with valid and informed stances.

It's Time to Smash the Brass Ceiling

Cynthia Dill | Posted 03.31.2013 | Women
Cynthia Dill

When women are by law declared unfit to carry out essential functions of the armed services because of their gender, they are not treated equally. The official policy that legalizes discrimination creates an automatic power imbalance, with only men at the top.

7 Issues President Obama Must Address During His Second Term

Angela Rye | Posted 03.26.2013 | Politics
Angela Rye

As President Obama prepares for his State of the Union address, there are some critical issues he must confront not only using the bully pulpit of the world's stage, but also through concrete policy development during his second term .

What a Difference a Court Makes

David Morris | Posted 12.18.2012 | Politics
David Morris

In a democracy the majority wins. At the dawn of the Republic, John Adams warned about "the tyranny of the majority."

Fighting for Brown v. Board of Education on Its 58th Anniversary

Doug Kendall | Posted 07.17.2012 | Politics
Doug Kendall

The conservative majority on the Roberts Court is weaponizing Brown vs. Board of Education to attack the very civil rights statutes that are essential for moving the 14th Amendment's guarantee of equal protection toward fruition.

Choosing Faith Over Freedom

Roy Speckhardt | Posted 01.05.2012 | Religion
Roy Speckhardt

Government sponsorship of religion runs afoul of the First Amendment and should be strongly rejected by our legislature and our judicial system.

Jennifer Bendery

House Defends DOMA By Arguing Gay People Are Powerful

HuffingtonPost.com | Jennifer Bendery | Posted 12.20.2011 | Politics

WASHINGTON -- Gay people have the political power to sway Congress to combat discrimination against them, so there's no need for a court to overturn t...

DOMA Is Unconstitutional

Geoffrey R. Stone | Posted 05.25.2011 | Politics
Geoffrey R. Stone

Is the government's interest in treating gays differently from others sufficiently weighty to justify discrimination? When tested by that standard, the Defense of Marriage Act does not pass the test.

Will Scalia Tell Congress That the Constitution Leaves Women Out?

Marcia D. Greenberger | Posted 05.25.2011 | Politics
Marcia D. Greenberger

Justice Antonin Scalia is set to provide Constitutional lessons at an event organized by Rep. Michele Bachmann. Let's hope the audience also hears from those who respect the constitutional rights of women.

Originalist Sinner: Justice Scalia and The 14th Amendment

Michelle Schweiger Schecter | Posted 05.25.2011 | Politics
Michelle Schweiger Schecter

California Lawyer this week did report On Justice Scalia of the Supreme Court His shocking views on equal protection Make one wish his was a tenure su...

Justice Scalia's Constitutional Nostalgia

Andrea Lyon | Posted 05.25.2011 | Politics
Andrea Lyon

Justice Antonin Scalia says the's 14th Amendment doesn't protect women against sex discrimination. Is nostalgia to blame for this inflexible, incorrect view?

Amanda Terkel

Justice Scalia: Women Don't Have Constitutional Protection Against Discrimination

HuffingtonPost.com | Amanda Terkel | Posted 05.25.2011 | Politics

WASHINGTON -- The equal protection clause of the 14th Amendment to the U.S. Constitution does not protect against discrimination on the basis of gende...

Equal Protection for Unmarried Fathers

Marcia D. Greenberger | Posted 05.25.2011 | Politics
Marcia D. Greenberger

The cliché that unmarried fathers never have meaningful relationships with their children has never been true, and today in 2010, it's less accurate than ever.

Justice Scalia's Originalist Sins

David Gans | Posted 05.25.2011 | Politics
David Gans

Supreme Court Justice Antonin Scalia is famous for being a stickler about the words of the Constitution, but he tends to apply this approach selectively, or not at all, when it comes to the 14th Amendment.