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The Constitutional Underclass (Paperback, 2nd ed.)
Loot Price: R862
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The Constitutional Underclass (Paperback, 2nd ed.)
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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 favor 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 is essential reading for anyone interested
in fair, coherent, and truly equal protection under the law.
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