LAW 5021 Lecture Notes - Lecture 10: Disparate Impact, Negative And Positive Rights, Fourteenth Amendment To The United States Constitution
23 Feb 2017
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Xxx: individual rights: c. liberty and the constitution: sexual orientation. You can analogize to religion- also comes up in the course of conduct, but people can change religion- not immutable in the same way. Bowers v. hardwick- challenge to sodomy law was overruled by lawrence. In this case dissent- no defect in the political process from protecting their rights (only 4 percent of them, but got 46 percent of vote!) Majority (kennedy)- this provision was made out of animus (discrimination). But none of rational basis prongs are reviewed- court just says it fails the basis. in rational basis, government can announce rationale ex post (for litigation purpose). interests claimed here: freedom of association for landlords, employers, etc. But : prohibits across the field and employers are not close to employees! Cleburne- fit is so bad--- rational basis plus (fit is horrible and looks beyond proposed aims) This is cultural war- leave it to electorate.
