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ABA Talking Points: Equality/Equal Protection: Other Discrimination Cases




 
Speech Ideas/Talking Points

Equality/Equal Protection

Other Discrimination Cases

1. The ruling in Shapiro v. Thompson, 394 U.S. 618 (1969), invoked the Equal Protection Clause to prevent discrimination against the poor. Laws in three states prevented women from collecting Aid to Families with Dependent Children payments because they had been residents of the states for less than one year. The Court argued that the goal of the law, to prevent poor people from moving to the three states, was discriminatory and therefore impermissible.

2. In Cleburne, TX v. Cleburne Living Center, 473 U.S. 432 (1985) the Supreme Court ruled that the denial of a special use permit by a city office to an organization planning to build a home for the mentally retarded was premised on an irrational prejudice, and therefore unconstitutional under the Equal Protection Clause.

3. In Romer v. Evans (1996), the Court ruled on Colorado's Amendment 2, which aimed to outlaw any legislation that would provide protection against discrimination for individuals based on sexual orientation. The Court found that the Amendment did indeed violate the Equal Protection Clause. As Justice Kennedy wrote, "a bare desire to harm a politically unpopular group cannot constitute a legitimate governmental interest."

Descendants of the Equal Protection Clause

4. The Age Discrimination in Employment Act of 1967, amended in 1978, prohibits arbitrary age discrimination of persons aged 40 and older by employers of 20 or more persons.

5. The Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability in employment, programs, and services provided by state and local governments, goods and services provided by private companies, and in commercial facilities.

Discussion Questions:

What other groups are sometimes singled out for discrimination?

Are there circumstances in which discrimination is useful or necessary?


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