PoliticalScience- Lecture- 10-18-07-TH

PoliticalScience- Lecture- 10-18-07-TH - 1 Polisci100 14th...

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1 Polisci100 14 th amendment was amended on to the constitution in 1868. for the purpose of guaranteeing. Not for the purpose of guaranteeing that everyone is treated equal amongst our society. If the government palaces a restriction on a segment of society that the government has an adequate justification for doing so. Example- national gold course. Cannot be a female member. The 14 th amendment cannot stop that from taking place. Not public actors. State action doctrine: a private act of discrimination. Public actors not private actors. Need to get beyond that bar. Particular bar that will keep you out of court. Point. State action doctrine. Constitution only applies to public actors and government restrictions not private actors. Suspect law, a semi-suspect law. Level of scrutiny then constitutional test. Classification: 1.Race/immutable traits 2.Gender- treated as a lesser level of discrimination- 3.Everythings Romer v. Evans ( 1996) proposition removed specific protections- sexual orientation. Question of constitutionally . applying rational basis. Was not rationally related to governmental interests. Not that they did or didn’t find national relation interests. If sexual orientation a immutable trade. You were born gay etc. Hatred- allow
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This note was uploaded on 04/14/2008 for the course POSC 100 taught by Professor Auerbach during the Fall '07 term at USC.

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PoliticalScience- Lecture- 10-18-07-TH - 1 Polisci100 14th...

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