Constitutional Underclass

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A01=Evan Gerstmann
Author_Evan Gerstmann
Category=JBSJ
Category=JPA
Category=JPVH
Category=LN
eq_bestseller
eq_isMigrated=1
eq_nobargain
eq_non-fiction
eq_society-politics

Product details

  • ISBN 9780226288604
  • Weight: 340g
  • Dimensions: 16 x 23mm
  • Publication Date: 15 Mar 1999
  • Publisher: The University of Chicago Press
  • Publication City/Country: US
  • Product Form: Paperback
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When the Supreme Court struck down Colorado's Amendment 2 - which would have nullified all state and local laws protecting gays and lesbians from discrimination - it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favour certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado. Concluding with a call for wholesale reform of equal-protection jurisprudence, this book should be of interest to anyone interested in fair, coherent, and truly equal protection under the law.

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