POLB50Y3 Lecture Notes - Lecture 12: Equal Protection Clause, John Stuart Mill, Section 15 Of The Canadian Charter Of Rights And Freedoms
Document Summary
If straight couples allowed to marry and adopt children, gay couples should as well. Not that long ago, cases were not about equal rights but about banning gay people all together. Whether a law criminalizing homosexual sex violated the us constitution equal protection clause: equal protection clause originally for feed black slaves, justice white: constitution does not include a fundamental right to homosexual sodomy. John stuart mill: the harm principle: the only purpose for which power can be rightfully excersised over any member of a civilized community, against his will, is to prevent harm to others. If we accept this, drug use, suicide, and gay sex should be legal because harm is only to person herself. What is equal protection: each person has right to equal protection of the laws, modern equality jurisprudence, reed v reed 1971, extends equal protection to gender discrimination, equa protection in the canadian charter does not include sexual.