![]() ![]() But when it is contended that a law, which is in effect neutral, has a disproportionately adverse effect upon a racial minority or upon another group particularly entitled to the protection of the Equal Protection Clause, a much more difficult case is presented. A law may be unconstitutional even if it does not facially discriminate on the basis of race, if it “uses the racial nature of an issue to define the governmental decisionmaking structure, and thus imposes substantial and unique burdens on racial minorities.” Washington v. A classification that is ostensibly neutral but is an obvious pretext for racial discrimination or for discrimination on some other forbidden basis is subject to heightened scrutiny and ordinarily invalidation. 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.Ī classification made expressly upon the basis of race triggers strict scrutiny and ordinarily results in its invalidation similarly, a classification that facially makes a distinction on the basis of sex, or alienage, or whether a person was born out of wedlock triggers the level of scrutiny appropriate to it. Amdt14.S1.5.1.9 Facially Neutral Laws Implicating a Racial MinorityĪll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
0 Comments
Leave a Reply. |