Beyond race, sex, and sexual orientation : legal equality without identity / Sonu Bedi, Dartmouth College.

Format:

Book

Author/Creator:

Bedi, Sonu, author.

Language:

English

Subjects (All):

Equality before the law--United States.

Equality before the law.

Discrimination--Law and legislation--United States.

Discrimination.

Physical Description:

1 online resource (x, 281 pages) : digital, PDF file(s).

Edition:

1st ed.

Other Title:

Beyond Race, Sex, & Sexual Orientation

Place of Publication:

Cambridge : Cambridge University Press, 2013.

Language Note:

English

Summary:

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.

Contents:

Suspect class and the dilemma of identity

A powers review

How constitutional law rationalizes racism

Why racial profiling is based on animus

The puzzle of intermediate scrutiny

Same-sex marriage and the disestablishment of marriage.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-139-89079-4

1-107-24132-4

1-107-25091-9

1-107-24759-4

1-107-25008-0

1-107-24019-0

1-107-24842-6

1-139-08764-9

OCLC:

862614434