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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.
- United States.
- Discrimination--Law and legislation--United States.
- Discrimination.
- Discrimination--Law and legislation.
- Physical Description:
- 1 online resource (x, 281 pages) : digital, PDF file(s)
- Other Title:
- Beyond Race, Sex, & Sexual Orientation
- Place of Publication:
- Cambridge : Cambridge University Press, 2013.
- System Details:
- text file
- 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).
- Other Format:
- Print version:
- ISBN:
- 9781139087643
- Access Restriction:
- Restricted for use by site license.
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