GPO-CONAN-2017-10-15.pdf

And same sex couples violated equal protection

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and same-sex couples violated equal protection principles on their face and there- fore were unconstitutional. Id. at 21–22; see also supra Equal Protection of the Laws: Equal Protection: Judging Classifications by Law: The New Standards: Active Re- view. 2132 San Antonio School Dist. v. Rodriguez, 411 U.S. 1 (1973). 2133 351 U.S. 12 (1956). 2134 351 U.S. at 17, 18, 19. Although Justice Black was not explicit, it seems clear that the system was found to violate both the Due Process and Equal Protec- tion Clauses. Justice Frankfurter’s concurrence dealt more expressly with the prem- ise of the Black opinion. “It does not face actuality to suggest that Illinois affords every convicted person, financially competent or not, the opportunity to take an ap- peal, and that it is not Illinois that is responsible for disparity in material circum- stances. Of course, a State need not equalize economic conditions . . . . But when a State deems it wise and just that convictions be susceptible to review by an appel- late court, it cannot by force of its exactions draw a line which precludes convicted indigent persons, forsooth erroneously convicted, from securing such a review merely by disabling them from bringing to the notice of an appellate tribunal errors of the trial court which would upset the conviction were practical opportunity for review not foreclosed.” Id. at 23. 2229 AMENDMENT 14—RIGHTS GUARANTEED
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The principle of Griffin was extended in Douglas v. Califor- nia , 2135 in which the court held to be a denial of due process and equal protection a system whereby in the first appeal as of right from a conviction counsel was appointed to represent indigents only if the appellate court first examined the record and determined that counsel would be of advantage to the appellant. “There is lacking that equality demanded by the Fourteenth Amendment where the rich man, who appeals as of right, enjoys the benefit of counsel’s examination into the record, research of the law, and marshaling of arguments on his behalf, while the indigent, already burdened by a preliminary determination that his case is without merit, is forced to shift for himself.” 2136 From the beginning, Justice Harlan opposed reliance on the Equal Protection Clause at all, arguing that a due process analysis was the proper criterion to follow. “It is said that a State cannot discrimi- nate between the ‘rich’ and the ‘poor’ in its system of criminal ap- peals. That statement of course commands support, but it hardly sheds light on the true character of the problem confronting us here . . . . All that Illinois has done is to fail to alleviate the conse- quences of differences in economic circumstances that exist wholly apart from any state action.” A fee system neutral on its face was not a classification forbidden by the Equal Protection Clause. “[N]o economic burden attendant upon the exercise of a privilege bears equally upon all, and in other circumstances the resulting differen- tiation is not treated as an invidious classification by the State, even
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