All Men are Created Equal?: Right to Equality Law in American Society

Right to Equality Derived from 13 th, 14 th, 15 th, 19 th and 24 th amendments What is listed under the 13 th, 14 th, 15 th, 19 th and 24 th amendments?

13 th, 14 th, 15 th, 19 th and 24 th Amendments 13 th – Ended slavery 14 th – All people born in the US are citizens no matter what race 15 th - All male citizens have the right to vote no matter what race 19 th – Women had the right to vote 24 th – People do not have to pay a tax to vote (poll tax)

Discrimination Discrimination: Obstruction of right to equality based on membership in a certain group = Discrimination – not all discrimination is illegal example: people under the age of 16 may not drive

Equal Protection Standard Discrimination is illegal when it violates Equal Protection Standard – Equal Protection Standard: 14 th amendment guarantee that all citizens are protected equally under the law

Right to Equality Three Tests are used in Court 1.Rational Basis Test 2.Strict Scrutiny Test 3. Substantial Relationship Test

Rational Basis Test Used in most cases Question: Does the law have a rational basis? Is their a logical explanation for the purpose of the law? – If yes, it is constitutional – For Example: in general, people become more responsible as they get older, so it is logical to not allow young people to drive

Strict Scrutiny Test Used for cases dealing with race, nationality, origin, citizenship, or fundamental Constitutional rights – Question: Does the law serve a compelling government interest (is there a purpose to this law)? Is there a less intrusive (nosey) way? If answer to 1 st is yes, and 2 nd is no, it is constitutional – Example: A town passes a law against ritual animal sacrifice by a certain religion. Compelling gov’t interest? Yes, humane treatment of animals. Less intrusive way? Yes, don’t target religion, just pass a law against killing animals in general.

Substantial Relationship Test Used in sex discrimination cases – Question: Is there a close connection between law/practice and its purpose? Does law/practice serve important gov’t interest? If answer is yes to both, then constitutional. – Example: State law requires high school boys to take four years of gym and high school girls to take two. » Unconstitutional because there is not a close connection between being male and needing more physical activity

Civil Rights: Demanding Equality Video Clip dia_5/dia_5_video.html  CLICK HERE dia_5/dia_5_video.html Video Questions 1. Why do you think that the NAACP (National Association for the Advancement of Colored People) selected discrimination in education as its prime target? 2. Should it matter that most people think that different seasons for the same or comparable sports is acceptable? Does it matter if most girls find it acceptable? 3. Is discrimination against those with disabilities comparable to discrimination against racial minorities and women?

Directions: The following situations all involves some form of discrimination. Decide whether the discrimination is reasonable and should be allowed/legal OR if it is unreasonable and should be prohibited/illegal. 1.An airline requires pilots to retire at age A business refuses to hire a man with good typing skills for a secretary position. 3.People who have AIDS cannot be hired as phone operators. 4.People under the age 18 are not allowed into theaters showing X-rated movies. 5.A child with a disability is not allowed to play at a public playground. 6.In selecting applicants for government jobs, preference is given to veterans. 7.Girls are not allowed to try out for positions on an all-boy baseball team at a public high school. 8.Auto insurance rates are higher for young, unmarried drivers. 9.In order to project a classy image, an expensive seafood restaurant requires that it servers wear tuxedos. The restaurant only hires male wait staff. Homework