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The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection
University of Chicago Press, 1999 Cloth: 978-0-226-28859-8 | Paper: 978-0-226-28860-4 Library of Congress Classification KF4754.5.G47 1999 Dewey Decimal Classification 342.73087
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ABOUT THIS BOOK
When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado. Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law. See other books on: Equality before the law | Failure | Gays | Homosexuality | Lesbians See other titles from University of Chicago Press |
Nearby on shelf for Law of the United States / Federal law. Common and collective state law. Individual states:
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