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PSC Chapter 10.docx

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Baylor University
Political Science
PSC 2302
James Curry

PSC Chapter 10 10/15/2013 7:11:00 AM Equality  Declaration of Independence: all men are created equal 14 thamendment  equal protection clause  no state shall deny equal protection of the what is discrimination?  Making choices between two or more alternatives (a discriminating shopper)  Giving preference to one person over another (when might this acceptable, or even necessary  Is it ever permissible, legal, or correct to engage in discrimination?  When do laws discriminate? Types of discrimination  Race, color, national origin, ethnicity, language  Religion  Gender  Sexual preference  Family status, marital status  Age, physical attributes, disability  Wealth  Others? Legal vs. illegal discrimination  It is not illegal to consider “real: differences that exist among persons  Are men and women different? Should we be able to recognize those differences in our public policies?  Are children different from adults? Should these difference be considered? Equal protection tests  Rational scrutiny o Burden of proof on plaintiff o State must show only a “rational” basis in the law, or show that the law in “rational” and makes sense o This approach recognizes that laws cannot always be perfectly equal  Strict scrutiny o Burden of proof shifts to state o State must prove a “compelling state interest” to prevail o Plaintiff must only show purposeful discrimination o Strict scrutiny is applied in matters related to:  Suspect classification  Race  Color  National origin  Fundamental rights  Voting  Travel  Privacy Sex discrimination  Woman’s traditional role as “wife and mother”  Reed v. Reed (1971)  Frontiero v. Richardson (1973)  Proposed equal rights amendment  Women in combat  Heightened scrutiny: classifications must serve “important governmental objectives”  U.S. v. Virginia, VMI must have as “exceedingly persuasive justification” Equal protection tests  Heightened scrutiny o Used in gender related cases o Craig v. Boren (1976) o Sex-based classifications must serve important governmental objectives and must be substantially related to achievement of those objectives o More than rational scrutiny, less than strict scrutiny Sexual harassment  Title VII, Civil Rights Act of 1964: holds sexual harassment to be discrimination  Types of sexual harassment o Quid pro quo o Hostile work environment  Employer is liable for actions of employees (Faraghar v. Boca Raton)  Same sex harassment also violates the law Types of discrimination: strict and heightened scrutiny  Race, color, national origin- these are “suspect classifications” that may not be used in making laws without a “compelling interest”  Gender- not a suspect classification, but courts require “heightened scrutiny”  All of these are judged under rational scrutiny o Sexual preference- Lawrence v. Texas  Struck down “same-sex sodomy” in Texas. Held that all “consenting adults”, regardless of sexual preference, have right of privacy. Question: how much different would the issue of gay marriage be? o Gay marriage  United states v. Windsor (2013)  Struck down defense of Marriage act (DOMA)  DOMA said for purposes of federal law, marriage had to be between man and woman  Facts: Edith Windsor and Thea Spyer met in 1963, lived together as couple for over 40 years, bought a house and apartment, married in Toronto in 2007. Dr. Speyer died, leaving everything to Windsor  Federal law did not provide a marital deduction as it would for a married couple. State of New York recognized the marriage as legal  The estate owed $363,053 in federal estate tax  5-4 majorirty opinion written by Kennedy  DOMA violates the 14 thamendment’s equal protection clause because it discriminates against gays and lesbians  DOMA was based on “impermissible hostility” to gays and lesbians. Disapproval of homosexuality is not a legitimate government purpose sufficient to justify  Hollingsworth v. Perry (2013)  5-4 Chief Justice Roberts decision striking down Proposition 8 in California. Prop. 8 defined marriage as only between a man and a woman, overturning the California Supreme Court ruing that gay marriage is protected by the California Constitution  California refused to enforce Prop. 8, so citizens sued  Chief Justice Roberts opinion state that these citizens lack standing to c
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