GPO-CONAN-2017-10-15.pdf

Whether such uses involve government so directly in

Info icon This preview shows pages 262–264. Sign up to view the full content.

whether such uses “involve government so directly in the actions of those users as to warrant court intervention on constitutional grounds.” 1428 The lower court was directed to sift facts and weigh circumstances on a case-by-case basis in making determina- tions. 1429 1425 For example, if a Court finds a relationship between the state and a discrimi- nating private group (which may have rights of association protected by the First Amendment), a remedy directed against the relationship might succeed, where a di- rection to such group to eliminate such discrimination might not. See Moose Lodge No. 107 v. Irvis, 407 U.S. 163, 179–80 (1972) (Justice Douglas dissenting); Gilmore v. City of Montgomery, 417 U.S. 556, 575 (1974); Norwood v. Harrison, 413 U.S. 455, 470 (1973). The right can be implicated as well by affirmative legislative action bar- ring discrimination in private organizations. See Runyon v. McCrary, 427 U.S. 160, 175–79 (1976). 1426 413 U.S. 455 (1973). 1427 Gilmore v. City of Montgomery, 417 U.S. 556, 568–69 (1974) (quoting Norwood v. Harrison, 413 U.S. 455, 466, 467 (1973)). 1428 Gilmore v. City of Montgomery, 417 U.S. 556, 570 (1974). 1429 Unlike the situation in which private club discrimination is attacked di- rectly, “the question of the existence of state action centers in the extent of the city’s 2094 AMENDMENT 14—RIGHTS GUARANTEED
Image of page 262

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

It should be noted, however, that, without mentioning these cases, the Court has interposed a potentially significant barrier to use of the principle set out in them. In a 1976 decision, which it has since expanded, it held that plaintiffs, seeking disallowal of governmen- tal tax benefits accorded to institutions that allegedly discrimi- nated against complainants and thus involved the government in their actions, must show that revocation of the benefit would cause the institutions to cease the complained-of conduct. 1430 “Person”. —In the case in which it was first called upon to in- terpret this clause, the Court doubted whether “any action of a State not directed by way of discrimination against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.” 1431 Nonetheless, in deciding the Granger Cases shortly thereafter, the Justices, as with the due process clause, seemingly entertained no doubt that the railroad corporations were entitled to invoke the protection of the clause. 1432 Nine years later, Chief Justice Waite announced from the bench that the Court would not hear argument on the question whether the Equal Protection Clause applied to corporations. “We are all of the opinion that it does.” 1433 The word has been given the broadest possible meaning. “These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences involvement in discriminatory actions by private agencies using public facili- ties . . . . ” Receipt of just any sort of benefit or service at all does not by the mere provision—electricity, water, and police and fire protection, access generally to mu-
Image of page 263
Image of page 264
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern