DISCUSSION The state of North Carolina infringed upon Joe Smith’s 14th Amendment rights. In addition to this, the state disregarded their own statute recognized as “The Equality for all Act.” North Carolina violated this statute by discriminating against Joe Smith based on his race, gender, national origin, religion, and financial means. This will be substantiated by exercising three components, strict scrutiny (race, national origin, and/or religion), intermediate scrutiny (age and/or gender), and rational basis (everything else). # 1. Strict scrutiny: A socially non-discriminating law that is implemented in a discriminatory modus operandi on the basis of race, is an infringement on the Equal Protection Clause of the 14th Amendment. …show more content…
Washington Superior Court sided with DeFunis and instructed the University of Washington Law School to admit him in the fall of 1971. The Washington Supreme Court reversed this ruling of the prior court. With this in mind, the law school had done nothing unconstitutional. In regards to, their admissions policy. In DeFunis v Odegaard, 416 U.S. 312 (1974) did the law school deny DeFunis equal protection. The simple answer would be yes, nonetheless, because he was in his last year and going to receive his degree anyway, the case was ruled moot. Supreme Court Justice Brennan dissented from this case. Under the pretense that, if DeFunis flunked out of school or became ill and could not return, he would have to go through the admissions process all over again. In addition to this, ruling the case not moot would save the court from repetitious litigation in future cases. Consequently, this would not be the last time that the University of Washington Law School would racially discriminate against an individual. See Smith v. University of Washington Law School, 392 F.3d 367 (9th Cir. 2004). In a news release, “The Washington State Office of the Attorney General” stated that, “The Smith case stems from a former UW Law School admissions policy under which the school sought to promote ethnic diversity in the student body by considering an applicant's race as one of several "plus factors" in decisions on law school admissions”. Even though, race or nationality
Fourteenth Amendment (Equal Protection Clause): For one to file an equal protection claim, one has to prove that the “government intentionally discriminated against the plaintiff by classifying him or her for different treatment under the law than one similarly situated.” For the equal protection clause to be violated, a government has to group individuals in such a way that denies them certain rights or provides different treatment on the basis of traits they have no control over.
Legal Question: The legal issue presented in this case ultimately questioned the University of Michigan’s admission policy which sought a more diverse student body. The court addressed whether the University of Michigan’s use of racial preferences in the admission process violated
What could be more important than the equality of rights for all American citizens? Women have tried without success for 80 years to be acknowledged as equals in our Constitution through an Equal Rights Amendment (ERA). Currently there is nothing in the United States Constitution that guarantees a woman the same rights as a man. The only equality women have with men is the right to vote. In order to protect women’s rights on the same level as men, I am in favor of an Equal Rights Amendment to the U.S. Constitution today.
Ms. Fisher along with her legal counsel based her allegation of racial discrimination on the university’s system
In America we are constantly reminded of the idea of freedom and equality for every individual. It is not commonly acceptable to base a person’s stature in the community from their race, class, religion, or sexuality. The most powerful act that brought forth new standards of civil rights and equality privileges was the fourteenth amendment. One of the most highlighted aspects mentioned within the document is that no state shall “deprive any person of life, liberty, or property without due process of law; nor deny any person… the equal protection of the laws.” This simple statement has made an impact in today’s society. The equal protection of the law primarily draws from and requires equal treatment for all citizens in the United States, but
Two more cases that aroused much debate on the issue were the 2003 cases of Gratz vs. Bollinger and Grutter vs. Bollinger, in which two more-than-qualified students applied to the University of Michigan and were denied due to acceptance policies. The two women, Jennifer Gratz and Barbara Grutter, took their cases to the Supreme Court with the plea that the University of Michigan is “treating people differently based on skin color, and that is unconstitutional” (Mears). The university openly stated that they have a point system in their acceptance process in which students receive extra point if they are of minority status. Mary Sue Coleman, the president of the University of Michigan stated, “[W]e
The struggle for equal rights has been an ongoing issue in the United States. For most of the twentieth century Americans worked toward equality. Through demonstrations, protests, riots, and parades citizens have made demands and voiced their concerns for equal rights. For the first time minority groups were banding together to achieve the American dream of liberty and justice for all. Whether it was equality for women, politics, minorities, or the economy the battle was usually well worth the outcome. I have chosen articles that discuss some of the struggles, voyages, and triumphs that have occurred. The people discussed in the following articles represent only a portion of those who suffered.
Sec. 3 Equal Rights is a civil liberty. The third section of the Texas Constitution is based on equal protection against government discrimination among men (sex, race, color, creed or national origin). In this case the government cannot take away citizens’ rights. The first amendment of the Bills of Rights gives people the right to practice any religion they chose to and government is prohibit to interfere in a person’s beliefs. In past court cases that freedom of religion was addressed dealing with the exclusion of prayers in public schools, the prohibition of polygamy, and the limitation of the use of drugs or snakes in religious rituals.
The Equality Act 2010 shortens the existing laws and puts them all together in one piece of legislation. On the other hand, it makes the law resilient in some areas. This law protects employees from perception in workplace and in the world. Equality Act 2010 replaces all anti-discrimination laws within a single Act. This Act has 116 single pieces of legislations and has been put together into one Act which is known as Equality Act 2010. This Act has started to work in UK and EU in 2010 of October. In this Act it covers the main laws such as race, sex, sexual orientation, disability, religion/belief, age and equal pay.
Today, Canada is known around the world as a cultural mosaic. As a nation it welcomes people of both sexes with all different beliefs, cultures, and religions. Creating a mature nation would require promoting equality of opportunity to all and giving help to those who were disadvantaged. However, Canada has not always been a welcoming and mature nation. In the past, women were not allowed to vote alongside men or run for political positions, due to the fact that they were not considered “persons”. As well, Aboriginal children were stipped from their homes, families, and identities so that they could assimilate all First Nations people. During the last century, women have gained more political rights, gained more respect from society, and
Equality is something Americans strive to provide and maintain. It has become an integral and necessary part of our mosaic culture. Even now to the point that when people think of America, they naturally think of freedom and equality. People of many different races, disabilities and creeds have come to the United States seeking the impartiality upon which this country was founded. The institutions of this country have relied upon it, just as it was the created by the events in the laying of moral foundations. The expression of America's citizens plays an extremely significant role in the history of equality in American society. In the pursuit of equality and the "American Dream," people have authored inspiring
One problem that Americans are facing is the inequality between men and women, whether it is in everyday life or in a professional atmosphere. One step that has been taken toward equality was introduced with the Equal Pay Act of 1963, signed by President John F. Kennedy. This law was the first affecting the amount of job opportunities available for women and allowing them to work in traditionally male dominated fields. On the outside, this would sound like a solution where nothing could possibly go wrong, but it is not.
Affirmative action was created to assist minority groups against discrimination, but affirmative action does more harm than what it can do to help. Affirmative action was created with the intention of leveling the playing field so that everyone can have an equal opportunity to be hired or accepted in to a school, but it does the opposite of what it is meant to do. Affirmative action is reverse discrimination against white males, lesser qualified people are admitted into jobs and colleges, and not all people have an equal opportunity to advance.
In the past 3 decades, women made great advancements in the workforce. First, they have become an integral part of the labour market; they have access to higher education and consequently to traditionally male dominated professions such as medicine, law and business. While statistics show that women are equal to men in terms of their numbers in the law profession, it is not clear however, whether they have achieved equality in all other areas of their employment. In this paper, I will examine women’s experiences in the law profession; whether women are earning equal salary compared to the male lawyers, do they still face barriers that are gender related and whether they have broken the glass ceiling in a profession that is supposed to be
Across all nations and cultures, the enduring pursuit of equality in life seems global and timeless. Some would believe that their own country has achieved a true democracy with no residual inequalities of which to speak, while others know they are at the other end of the spectrum, enduring unjust laws that should not be bestowed on any human. Through the course of history many countries have fought for that democracy and all the equality that it implies. While some believe they have reached that goal, others continue to fight for the most basic human rights, even in this time of enlightenment. The journey each country takes on its road to that place may vary by origination, length, severity and outcome, but the goal seems to be the