Chapter 43: Discrimination Part I

May 14, 2007

Bellringer

• Name several types of discrimination. Have you been of victim of one or more of them?

Discrimination

• The promise of equality set out in the Declaration of Independence and the 14th Amendment is one of our nation’s most ambitious ideals. But what does equality mean? – Does it mean that every American receives

the same treatment? – Does it mean that every American has the

same opportunities?

Discrimination

• Have we achieved equality only when the results – in educational, financial and occupational achievement, for example- are comparable among all groups?

• To the extent that neither treatment nor opportunities are equal, society must decide how to respond to the challenge of continuing discrimination in a way that is both effective and fair to all.

What is Discrimination?

• Discrimination occurs when some people are treated differently than others because of their membership in a group: for example, because of race, age, gender, religion or sexual orientation.

• However, not all types of discrimination are unfair or illegal. Many laws discriminate (age related laws). But as long as these classifications are reasonable, they usually do not violate the 14th Amendment

• Problem 43.1

The Rational Basis Test

• The courts will usually uphold a law if when there is a logical relationship between the classification and the purpose of the law. (Marriage Age)

The Strict Scrutiny Test

• Judges may find a law unconstitutional unless the state can prove that it serves a very compelling interest and has no less intrusive way to satisfy that interest. (Cannot target one particular group)

The Substantial Relationship Test

• There must be a close connection between the law and the practice and its purpose. In addition, laws that classify based on sex must serve an important governmental purpose. (Not selling beer to males but selling to females)

Potential Limits of Equality Protection

• Equal protection cases are complicated and controversial. – Was the 14th Amendment only for African

Americans – Or was it intended to protect women, other

minorities, gays and lesbians, the disabled or even whites?