29 April
14 amendments – 1871 equal protection clause, no state should deny xxx, American commitment to equality, less hierarchy? Treat everyone fair, opposition of equality is discrimination. The state or the govt is putting people into different categories, and treat ppl differently because they fall into that category
Rational basis, is the law rational.
Korematsu v. US case –during World War 2 racism, general said doesn’t trust them I was that classification acceptable and constitutional? Suspect classification Race has human tendency to divide racial lines
Strict scrutiny – suspect classification. When courts sys ok federal govt treat ppl differently coz of race then scrutiny, legal test that measure of something crossed the line. ‘Compelling government o
Interest’, why is the government doing it and is it necessary?
Brown v. Board of Education,
Plessy v. Ferguson
In Louisiana, they segregated race because of race. White vs black in train. Black wants equal protection . white arrested
Segregated school systems. Rely pass decisions coz want the law to predictable, not good.
Plessy is bad decision . social issue
Is there difference between homosexual or heterosexual marriage?
Brown v. Board of Education
Separate is inherently unequal. If one group is dominating – segregate and created inequality.
Boy Scout video
Discriminates gay, convert the kids??? Discriminate gay scout masters, culture war, lose funding. Don’t want to be a part of group that teaches discriminating people and excluding. Scouts saying homosexual is immoral. Its about building good character, to not hate to build good citizens. ‘Morally straight.’ Mormon = scouts.
Affirmative Action
Govt. act in positive way to remedy some of the past injustice esp. to minorities and women
Reversed discrimination
Content-nenutral regulation of speech
- they have unpopular messages --> arouse problems thus, stopped or arrested
- it's not really