Add to ORKGIn this essay, I argue that the problems with how courts apply Equal Protection principles to classifications not already recognized as suspect reach beyond the most immediate example of sexual orientation. Three structural weaknesses drive the juridical reluctance to bring coherence to this body of law: two doctrinal and one theoretical. The first doctrinal problem is that the socio-political assumptions that the 1938 Supreme Court relied on in United States v. Carolene Products, Inc. to justify strict scrutiny for “discrete and insular minorities” have lost their validity. In part because of Roe v. Wade-induced PTSD, the courts have not generated a replacement paradigm for a society that is radically more diverse than the United States wa...
Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based ...
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence....
This article reviews several state court analyses of whether same-sex marriage bans violate the equa...
In this essay, I argue that the problems with how courts apply Equal Protection principles to classi...
In this essay, I argue that the problems with how courts apply Equal Protection principles to classi...
In this Article, I argue that sexual orientation meets the burden established by Supreme Court juris...
This essay argues that when LGBTQ advocates raise equal protection arguments, they should resist the...
This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a...
As we think about the future role the judicial branch will play in our governance, we might consider...
This Article suggests that there is Proper Methodology that courts apply when reviewing cases at the...
In order to preserve a broad field of play for legislative and administrative action, courts do not ...
This Article discusses the two rubrics under which gender-based classifications in the law might be ...
In order to preserve a broad field of play for legislative and administrative action, courts do not ...
This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a...
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourt...
Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based ...
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence....
This article reviews several state court analyses of whether same-sex marriage bans violate the equa...
In this essay, I argue that the problems with how courts apply Equal Protection principles to classi...
In this essay, I argue that the problems with how courts apply Equal Protection principles to classi...
In this Article, I argue that sexual orientation meets the burden established by Supreme Court juris...
This essay argues that when LGBTQ advocates raise equal protection arguments, they should resist the...
This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a...
As we think about the future role the judicial branch will play in our governance, we might consider...
This Article suggests that there is Proper Methodology that courts apply when reviewing cases at the...
In order to preserve a broad field of play for legislative and administrative action, courts do not ...
This Article discusses the two rubrics under which gender-based classifications in the law might be ...
In order to preserve a broad field of play for legislative and administrative action, courts do not ...
This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a...
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourt...
Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based ...
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence....
This article reviews several state court analyses of whether same-sex marriage bans violate the equa...