The Constitutional Underclass - Gays, Lesbians, and the Failure of Class-Based Equal Protection

AcknowledgmentsPart I: The Conundrum of Class-Based Equal Protection1. The Failure of Equal Protection2. Equal Protection and the Development of the Tiered Framework of Judicial Scrutiny3. The Three-Tiered Framework as a System of ExclusionPart II: The Impact of Class-Based Equal Protection on Gays and Lesbians4. Class-Based Analysis and the Courts5. Class-Based Analysis and the Public Debate over Amendment 26. The Judicial Response to Amendment 2Part III: Moving Forward: A New Direction for Equal Protection7. Moving Away from Class-Based AnalysisBibliographyIndex

Summary

Using Colorado's initiative with Amendment 2 as its focus, this text seeks to untangle the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. It reveals how these standards are used to favour certain groups over others.

Product details

• Authors: Gerstmann, Evan Gerstmann, Gerstmann Evan
• Publisher: University Presses
• Languages: English
• Product format: Paperback / Softback
• Released: 15.03.1999
• EAN: 9780226288604
• ISBN: 978-0-226-28860-4
• No. of pages: 206
• Dimensions: 16 mm x 23 mm x 1 mm
• Weight: 340 g
• Subjects: Social sciences, law, business > Political science > Political theories and the history of ideas; USA, Human Rights, POLITICAL SCIENCE / Human Rights, LAW / General, POLITICAL SCIENCE / History & Theory, POLITICAL SCIENCE / Civil Rights, Political science & theory, United States of America, USA, Gay & Lesbian studies, Political science and theory, Human rights, civil rights, SOCIAL SCIENCE / LGBTQ+ Studies / General, Laws of specific jurisdictions and specific areas of law, Laws Of Specific Jurisdictions, LGBTQ+ Studies / topics