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Equal Protection and Sex Discrimination

Equal Protection and Sex Discrimination. Mildred Jeter and Richard Loving. Structure of EP decision. What is the classification being used? What is the class that is disadvantaged? What is the individual interest being limited?. Classification theories.

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Equal Protection and Sex Discrimination

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  1. Equal Protection and Sex Discrimination

  2. Mildred Jeter and Richard Loving

  3. Structure of EP decision • What is the classification being used? • What is the class that is disadvantaged? • What is the individual interest being limited?

  4. Classification theories • See pp. 80-01: Aristotle; Weber; Allport • Application to race? • Application to sex/gender?

  5. Class theories • See pp. 81-83: Rawls/veil of ignorance; Harlan and social harmony; Carolene Products/ “discrete and insular minorities” • Application to African-Americans? • Application to women?

  6. Fundamental interests • Examine what these might be in each case

  7. Application of theories • Hoyt: sex; women(?); jury service • Women in jury pool only if opt in • Case brought by women convicted by 12 men • Kameny: sexual orientation; homosexuals; government employment • CSC rules excluded ‘homosexuals’ • Case brought by ‘practicing’ homosexual astronomer [and activist]

  8. Franklin Kameny • Presenting papers to Library of Congress

  9. Pauli Murray:lawyer, activist, lesbian feminist, African-American, priest

  10. Ruth Bader Ginsburg: lawyer, Supreme Court justice

  11. Phyllis Schlafly • Arguments Against ERA • Loss of husband’s duty to support wives • Women drafted, in combat • Unisex bathrooms • Homosexual rights

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