24
Jun
13

6.24.13 … Legal Equality: The waiting is almost over … “But a tension runs through the cases, one based on different conceptions of equality. Some justices are committed to formal equality. Others say the Constitution requires a more dynamic kind of equality, one that takes account of the weight of history and of modern disparities.” …

Supreme Court, California’s Proposition 8,  same-sex marriage, Defense of Marriage Act, legal equality, marriage, education, voting,  affirmative action,  Voting Rights Act of 1965: 

The waiting is almost over.

Sometime in the next week or so, the Supreme Court will announce the outcomes in cases on California’s Proposition 8 ban on same-sex marriage and the federal Defense of Marriage Act.

via Supreme Court has range of options on gay marriage.

 

Within days, the Supreme Court is expected to issue a series of decisions that could transform three fundamental social institutions: marriage, education and voting.

Abigail Fisher is challenging affirmative action, saying the University of Texas should not classify people on the basis of race.

Edith Windsor is challenging the federal Defense of Marriage Act, which defines marriage as between a man and a woman.

The extraordinary run of blockbuster rulings due in the space of a single week will also reshape the meaning of legal equality and help define for decades to come one of the Constitution’s grandest commands: “the equal protection of the laws.”

If those words require only equal treatment from the government, the rulings are likely to be a mixed bag that will delight and disappoint liberals and conservatives in equal measure. Under that approach, same-sex couples who want to marry would be better off at the end of the term, while blacks and Hispanics could find it harder to get into college and to vote.

But a tension runs through the cases, one based on different conceptions of equality. Some justices are committed to formal equality. Others say the Constitution requires a more dynamic kind of equality, one that takes account of the weight of history and of modern disparities.

The four major cases yet to be decided concern same-sex marriage, affirmative action in higher education and the fate of the Voting Rights Act of 1965, which places special burdens on states with a history of racial discrimination.

via Supreme Court Weighs Cases Redefining Legal Equality – NYTimes.com.


0 Responses to “6.24.13 … Legal Equality: The waiting is almost over … “But a tension runs through the cases, one based on different conceptions of equality. Some justices are committed to formal equality. Others say the Constitution requires a more dynamic kind of equality, one that takes account of the weight of history and of modern disparities.” …”



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