Recently retired Justice Anthony Kennedy located the right to same-sex marriage in both the liberty protected by due process and in the equal protection of the law
. The liberty protected by due process includes the fundamental right to marry the person of one's choice.
Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws
The "equal protection of the laws
" applies to those similarly situated.
Constitution's promise of "equal protection of the laws
" for women.
Neither violated rights to a trial by jury, a remedy, due process of law, equal protection of the laws
, or the separation of powers.
* Reread the Last clause of that paragraph, which guarantees citizens "equal protection of the Laws
Forgive me if I am confused, but doesn't the 14th Amendment to the Constitution read, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
Executive Order: Equal Protection of the Laws
for Faith-based and Community Organizations, December.
It also prohibited any state from abridging "the privileges or immunities" of Federal citizenship; from depriving "any person of life, liberty, or property without due process of law"; and from denying "to any person within its jurisdiction the equal protection of the laws
." Each of these clauses has been, at one time or another, the center of fierce constitutional controversy, hi the context of recent affirmative action cases, the equal protection clause is most relevant.
Supreme Court's case concluded that separate but equal educational facilities were unconstitutional and such facilities denied black children equal protection of the laws
guaranteed by the 14th Amendment.
Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws
guaranteed by the Fourteenth Amendment."
This segregation was alleged to deprive the plaintiffs of the equal protection of the laws
under the Fourteenth Amendment.
After being convicted for violating the exclusion order, Korematsu (an American of Japanese descent) challenged his conviction on the grounds that, among other things, the order denied him the equal protection of the laws
implicit in the due process clause of the Fifth Amendment to the Constitution.
The court said that if they had deliberately singled out Clarissa, it would have violated her constitutional right to "the equal protection of the laws
." But all they actually did, the court concluded, was to "exercise reasonable discretion" in impounding some cars and not others.
This lesson relates to the powers of Congress to raise and support armies in Article I, Section 8, and to citizens' rights to equal protection of the laws
in the 14th Amendment, Section 1.