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According to this view, ''similarly situated people'' should be treated equally.  For instance, all people who commit the same crime under the same circumstances should be punished in the same way; differences in treatment should arise only from differences in the circumstances surrounding the crime.   

According to this view, ''similarly situated people'' should be treated equally.  For instance, all people who commit the same crime under the same circumstances should be punished in the same way; differences in treatment should arise only from differences in the circumstances surrounding the crime.   

This concept leaves unanswered two important question: First, ''similar in which respects''?  If one man is beaten as a child and then beats his children, and another man is raised by great parents and beats his children, should we consider the men's different backgrounds in deciding how to treat them under the law?  Which circumnstances are relevent in determining which people are "similarly situated?"  Second, how much should different circumstances affect our treatment?  How much of a difference should the men's differing backgrounds make?

This concept leaves unanswered two important question: First, ''similar in which respects''?  If one man is beaten as a child and then beats his children, and another man is raised by great parents and beats his children, should we consider the men's different backgrounds in deciding how to treat them under the law?  Which circumstances are relevant in determining which people are "similarly situated?"  Second, how much should different circumstances affect our treatment?  How much of a difference should the men's differing backgrounds make?

Justice Stevens, writing for the Supreme Court, included [[dictum]] supporting an equality principle for gender in ''Miller v. Albright'', 523 U.S. 420,).

Justice Stevens, writing for the Supreme Court, included [[dictum]] supporting an equality principle for gender in ''Miller v. Albright'', 523 U.S. 420,).