The Constitutionality Of The Public Accommodations Equal Access Act

You would think that today’s society would not discriminate against someone based on their race, color, or national origin. With the changes in lifestyle, people continue to discriminate against those, but also someone’s sexual orientation. Even with laws and regulations, it continues in all parts of the country. The Civil Rights Act of 1964, more specifically Title VI, stated that you could not discriminate against anyone in programs and activities receiving federal

The Equal rights Amendment was proposed to set equality for every citizen no matter the sex. The amendment has three sections. The first one states “equality of rights under the law should not be denied by the U.S on the account of one's sex.” Section two says that “congress has the power to enforce this law.” Last but not least, section three says the amendment will take effect two years after ratification.

What could be more important than the equality of rights for all American citizens? Women have tried without success for 80 years to be acknowledged as equals in our Constitution through an Equal Rights Amendment (ERA). Currently there is nothing in the United States Constitution that guarantees a woman the same rights as a man. The only equality women have with men is the right to vote. In order to protect women’s rights on the same level as men, I am in favor of an Equal Rights Amendment to the U.S. Constitution today.

“Separate but equal” facilities were constitutional under the “equal protection” clause of the 14th amendment

The Eros Lodge and the Eros Bar and Grill, under the scope of the law, are directly involved in interstate commerce. They are a public hotel and restaurant and open to both local citizens and citizens traveling from out of state. While their clientele may consist primarily of locals, it does not mean that out-of-state travels cannot or would not stay there. Mr. Bates, the owner, did not say he didn’t rent to travelers from out of state, he only said he wouldn’t rent to same-sex couples. However, since interstate commerce is defined as travel, trade, traffic, transportation, or communication among several states, his establishments fall under its domain – and therefore have no right to be excluded from the Equal Access Act. Discriminating against

The plaintiff, Plessy was criminally liable under the separate but equal statute for using facilities designated for a different race. He was thus found guilty under the fact that the statute reasonably exercised the state police powers with regard to the state’s tradition, usage, and custom. Plessy, thus filed a petition against Justice Ferguson for writs of prohibition and certiorari in the Louisiana Supreme Court on the

In the case of Barron v. Baltimore in 1833, the Supreme Court ruled that the Bill of Rights are just restrictions on the federal government alone. To prevent the states from limiting rights granted to the citizens in the Constitution, the 14th Amendment was passed. The 14th Amendment was adopted on July 9, 1868 as one of the Reconstruction Amendments. The amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves after the American Civil War. It was severely contested, especially by the states of the Confederacy that were defeated and were forced to ratify it in order to regain representation in Congress. The amendment’s first section includes many clauses, but one important one is the Equal Protection Clause. This clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. The clause has also been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups. Eventually, selective incorporation occurred in which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the 14th Amendment. Now, the same liberties that were granted to the federal government, were now enacted with the state governments. Same-sex marriage is one of these fundamental rights, rights that require a high degree of protection from government

Ellen DeGeneres states, “I'm not an activist; I don't look for controversy. I'm not a political person, but I'm a person with compassion. I care passionately about equal rights. I care about human rights. I care about animal rights.”(“Ellen DeGeneres Quotes.”). Ellen is a popular television host that isn’t afraid to express her opinion to the public. She knows that people do not need to have a high education in equality to understand the every person deserves to be seen and treated equally. People can still take a stand and make a difference simply by supporting a cause. Imagine being discriminated against for something one cannot control, such as their sex. Many people had faced this, until someone decided to take charge. The Equal rights Amendment was supposed to protect oneself from this type of discrimination. A lot has had to happen just to get this amendment up and running to be introduced. The equal rights Amendment has a long history and can be linked to many famous writings, which makes it easily relatable to almost everyone.

July 6, 1964: President Lyndon B. Johnson signs The Civil Rights Act, which prohibits racial discrimination and mentions the use of “affirmative action to overcome the effects of prior discrimination.”

It is without a doubt that discrimination in this country has existed since its early stages. However, to this day after many movements and eras to try and eliminate it all together, it remains. And in this class, we seek to understand why. For these last couple of weeks, we discussed the 14th amendment and more specifically referenced its equal protection clause which vows to protect the fundamental rights of “all” citizens of the United States. Because of this state and federal governments attempt to create neutral laws that will apply fairly to all citizens in the United States. Which seems to be the best thing they can try and do nonetheless if a bill is said to be neutral, but has an unequal influence on a particular group of people problems

In the early days of the American government, there was a long struggle between the federalist, and the anti-federalist about the ratification of a constitution for a young nation. During that time, slavery was a source of labor, and commerce for our thirteen states, but this didn’t sit well with these human properties, because they wanted their grievances to be answered. Once it was clear that African-Americans were people who deserve the same rights as others too, it sparked the voices from women who were properties of their spouses. In continuation of all these dilemmas, there was a hidden developing conflict for homosexual rights. The rights that Americans think they are entitled too, must be answered,

The equal protection clause of the Fourteenth Amendment to the Constitution was at first created to protect against racial discrimination, but the Supreme Court later expanded the clause to also providing equal treatment amongst different races. The clause says, “No state shall…deny to any person within its jurisdiction the equal protection of the laws” (U.S. Constitution. Art./Amend. XIV, Sec. 1.) A person could not be discriminated upon solely because of his or her race and if the law treated a group of people differently, then a valid reason for the discrepancy of different treatment must exist. Racial minorities, but mainly women, have historically been subjected and made vulnerable to harsh restrictions on activities such as voting, attending college, and working as lawyers. These restrictions, based on stereotypes overlooked the actual capability and potential of each individual woman. For many cases dealing with discrimination of women, the Court looked to another important element of equal protection, which stated that unfair treatment couldn’t be based on immutable distinctions, such as race and gender, because those fixed distinctions are uncontrollable and unrelated to ability. In the case of Frontiero v. Richardson, 411 U.S. 677 (1973), the Supreme Court was just one vote short of adopting gender as a suspect classification. In United States v. Virginia, 518 U.S. 515 (1996), women rights supporters were very pleased with the Supreme Court’s ruling and remain

Our 14th amendment is perhaps the most important amendment because it helps defend some of our fundamental rights. This amendment extends the due process procedure to all citizens when trying to deprive them of life, liberty, or property. The amendment also ensures that everyone born in the United States or naturalized is guaranteed citizenship. This helped grant the right to vote for many americans who before were excluded from this right. It was ratified on july 9th in 1868 following the civil war along with 13th and 15th amendment. These are known as the civil war amendments and had to be accepted by the southern states in order for them to be brought back into the union. The 14th amendment in particular was designed to protect the basic civil rights granted in the constitution to all americans. However a lot of issues have arose over time in regarding the 14th amendment equal protection clause. Movements like Black Lives Matter have brought forth some of these issues happening today. The supreme court has made interpretations of the 14th amendment in cases like Plessy vs Ferguson, Brown vs the Board of Education, and even in when overturning the case Dred Scott vs Sanford. To better understand the 14th amendment’s equal protection clause we have to take a closer look at the interpretations made by the supreme court to

Recently, in the year 2013, there was a case brought to the Supreme Court’s attention that was first trialed in the district court. That case’s name was Fisher vs. University of Texas. It was in this case that the plaintiff, Abigail N. Fisher filed suit against the University of Texas with the claim that the University had violated the Equal Protection Clause of the 13th Amendment. The main question that arose in the question was, “does the Equal Protection Clause of the Fourteenth Amendment permit the consideration of race in undergraduate admissions decisions”. The overall decision of the Supreme Court was that the University of Texas hadn’t violated the Equal Protection Clause, and in fact that they were permitted to consider race in the admissions process. I do agree with the Supreme Court’s decision. I agree with said decision because the argument made by the plaintiff Fisher was weak, and the rights of life and liberty weren’t in any way tampered with in the admissions process that the University of Texas was going through in the situation suited.

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". Two landmark 14th Amendment cases are Plessy v. Ferguson and Brown v. Board of Education. However, each case treated the 14th Amendment differently and this caused a different outcome for each court case.