Beyond Race, Sex, and Sexual Orientation - Legal Equality without Identity (Paperback)

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Release date:	December 2014
Authors:	Sonu Bedi
Dimensions:	229 x 152 x 16mm (L x W x T)
Format:	Paperback - Trade
Pages:	292
ISBN-13:	978-1-107-51540-6
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Law > Jurisprudence & general issues > Law & society Books > Social sciences > Sociology, social studies > Social institutions > General
LSN:	1-107-51540-8
Barcode:	9781107515406

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