CRM/LAW C10 Lecture Notes - Lecture 17: Warren E. Burger, Equal Protection Clause, Vaughn Walker
31 May 2016
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That is the highest purpose of law: libertarians: no, bentham, rawls: only as a means to another end. Should law be based on the moral views of the majority: should we base our law on moral sentiments alone, without having other reasons for it, j. s. United states v. virginia (1996: women in military academy. Discriminatory laws: gays banned from military, foreign service, teaching and other occupations in some states. Sodomy statutes: gay sex was illegal in many states. Discrimination by race, religion, ethnicity, national origin: law must be necessary to a compelling governmental interest. Discrimination by gender: law must be substantially related to an important governmental interest. Discrimination based on other factors (e. g. , income: law must be rationally related to a legitimate governmental interest, this low standard was generally applied to laws that discriminated based on sexual orientation. Applications of unruh act in california: papa choux restaurant, disneyland dance floor, employment.
