Beyond race, sex, and sexual orientation : legal equality without identity /
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| Author / Creator: | Bedi, Sonu, author. |
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| Imprint: | Cambridge : Cambridge University Press, 2013. ©2013 |
| Description: | x, 281 pages ; 24 cm |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/9799694 |
| Summary: | The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against. |
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| Physical Description: | x, 281 pages ; 24 cm |
| Bibliography: | Includes bibliographical references (pages 253-275) and index. |
| ISBN: | 9781107018358 1107018358 |
