An introduction to the legal concept of unconstitutional bias. If a
town council denies a zoning permit for a group home for
intellectually disabled persons because residents don't want "those
kinds of people" in the neighborhood, the town's decision is
motivated by the public's dislike of a particular group.
Constitutional law calls this rationale "animus." Over the last two
decades, the Supreme Court has increasingly turned to the concept
of animus to explain why some instances of discrimination are
unconstitutional. However, the Court's condemnation of animus fails
to address some serious questions. How can animus on the part of
people and institutions be uncovered? Does mere opposition to a
particular group's equality claims constitute animus? Does the
concept of animus have roots in the Constitution? Animus engages
these important questions, offering an original and provocative
introduction to this type of unconstitutional bias. William Araiza
analyzes some of the modern Supreme Court's most important
discrimination cases through the lens of animus, tracing the
concept from nineteenth century legal doctrine to today's landmark
cases, including Obergefell vs. Hodges and United States v.
Windsor, both related to the legal rights of same-sex couples.
Animus humanizes what might otherwise be an abstract legal
question, illustrating what constitutes animus, and why the
prohibition against it matters more today than ever in our
pluralistic society.
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