Difference between revisions of "Equal Protection Clause"
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(The Equal Protection Clause is invoked by abortion clinics to try to invalidate laws that treat them differently than legitimate medical services.) |
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Recently, the Equal Protection Clause has been interpreted in a broader manner than before. For example, in [[Kansas]], multiple lawsuits have been resolved in favor of claimants who have argued that the public school funding system discriminates against students in counties with smaller tax bases, and judges have ordered wealthier school districts to share money with other districts. | Recently, the Equal Protection Clause has been interpreted in a broader manner than before. For example, in [[Kansas]], multiple lawsuits have been resolved in favor of claimants who have argued that the public school funding system discriminates against students in counties with smaller tax bases, and judges have ordered wealthier school districts to share money with other districts. | ||
| + | == Use in abortion cases == | ||
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| + | The Equal Protection Clause is invoked by [[abortion]] clinics to try to invalidate laws that treat them differently than legitimate medical services. | ||
[[Category:Law]] | [[Category:Law]] | ||
[[Category:Equal Protection Clause]] | [[Category:Equal Protection Clause]] | ||
| + | [[Category:abortion legal arguments]] | ||
Revision as of 23:26, April 15, 2012
The Equal Protection Clause, found in section 1 of the Fourteenth Amendment, forbids any state to "deny to any person within its jurisdiction the equal protection of the laws." A state violates the Equal Protection Clause when it treats one person differently from another who is similarly situated without a rational basis for the disparate treatment. If there are racial or gender differences between the two examples, then the government must demonstrate more than a rational basis for the disparate treatment.
Recently, the Equal Protection Clause has been interpreted in a broader manner than before. For example, in Kansas, multiple lawsuits have been resolved in favor of claimants who have argued that the public school funding system discriminates against students in counties with smaller tax bases, and judges have ordered wealthier school districts to share money with other districts.
Use in abortion cases
The Equal Protection Clause is invoked by abortion clinics to try to invalidate laws that treat them differently than legitimate medical services.