Questions tagged [equal-protection]
31 questions
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Can women also go shirtless in public legally?
Do women have the same rights as men to walk on the beach or sidewalk topless where men are also walking bare-chested without being discriminated against? If a woman is arrested or asked to leave by enforcement, but not the men, is that blatant…
Muze
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Can Hollywood discriminate on the race of their actors?
Under the Civil Rights Act of 1964 and later addenda, employers in the US "cannot discriminate" on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, and genetic information.…
TheEnvironmentalist
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Are homeless people protected by antidiscrimination laws?
I was in a restaurant in New Jersey (USA) recently and witnessed the owners telling a (possibly) homeless person that he couldn't come inside because he smelled too bad. Is this legal?
More generally, are restaurants and other stores allowed to…
WillG
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How is anti discrimination legislation reconciled with freedom of contract?
Let's say a landlord doesn't like someone's personality and chooses not to enter into a contract. In most common law territories this is their right to do businessor not as a private party with whomsoever they may choose.
Let's say a racist landlord…
JosephCorrectEnglishPronouns
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Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?
Circuit splits have the effect of treating people in America differently with regards to the law depending on where they live, due to differing interpretations of the same statute. Some of these differing interpretations involve what seems like…
Alan
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Could the U.S. squeak out a compelling argument that it is not bound by the Equal Protection Clause or that it be treated differently than states?
Points of law
“The Equal Protection Clause prohibits a State from "deny[ing] to any person within its jurisdiction the equal protection of the laws." Amdt. 14, § 1.” Evenwel v. Abbott, 578 U.S. 54, 76 (2016)
It does, indeed: "No State shall […] deny…
kisspuska
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Constitutional Race-Conscious Policies
In 2021, the Biden administration created a loan forgiveness program that excluded white farmers. It was ruled unconstitutional and a violation of equal protection. (Wynn v. Vilsack et al)
Washington (state) recently passed a law that gives low…
Test
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Is it legal for a disability accomodation to inconvenience able-bodied people?
About 10 people and I cycle to work and have to swipe a card on a post to get through the gates.
Now, someone in a wheelchair has started working here too, and because the post's position was impossible for her to reach, the landlord has moved the…
Heddy
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How do laws affecting racial and gender justice programs work?
Recent COVID19 relief packages in the United States include racial justice measures, such as additional funds without repayment for farmers on the basis of race. Although the COVID19 relief itself seems more comprehensible, it sparked a question…
Henry Chen
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Has the constitutionality of day-fines been challenged in the US?
Day-fines are a type of fine, common in many European countries, in which the amount of the fine is based on both the severity of the offense and the income of the offender; thus, an investment banker will be fined more than a fast food worker for…
Someone
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Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city?
In 2020, the NYPD reached a settlement with three Muslim women who were forced to remove their hijabs (which obscured their heads, but not their faces) for the purpose of having their mugshots taken…
user10264746
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English official vs. Equal protection?
Trump's proposed executive order for "English official" would eliminate the requirement to assist people using other languages.
I'm not a lawyer, but it seems to me that refusing to serve someone who can't understand English would violate equal…
WGroleau
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Equal Protection and Free Benefits in the United States
What parameters determine whether an organization may give free goods and services based on protected characteristics?
I'm trying to understand the pattern of organizations that dispense benefits to a certain protected characteristic based on its…
Test
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Equal Protection and Charitable Activities in the United States
What parameters determine whether a non-profit can maintain its tax-exempt status while dispensing benefits based on protected characteristics?
I'm trying to understand the pattern of organizations that dispense benefits to a certain protected…
Test
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Equal protection, discrimination, and real estate
I am curious about the apparent success of ethnically restrictive laws on residence or property ownership after the fourteenth amendment was ratified.
Hansberry v. Lee, 311 U.S. 32 (1940) ruled that a restrictive covenant violated due process. But…
WGroleau
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