The Constitutionality Of The Public Accommodations Equal Access Act

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.

The Equal Rights Amendment, which was introduced in 1923, was a movement for women’s rights that ultimately lasted until 1982. The Equal Rights Amendment is discussed in our textbook, America, A Concise Theory, on page 898. This particular site was chosen because it comes directly from the website dedicated to the history of the Equal Rights Amendment. The amount of informative content and photos was also a factor in choosing this website.

The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court (“the Court”) concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment. Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University of Texas School of Law (“the law school”) violates the Fourteenth Amendment since neither the law school nor the University of Texas system has proved a proof of

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.

The hypothetical case of United States v. Bates details the appeal and controversy of Interstate Commerce filed by Norman Bates, owner of Eros Lodge and Eros Bar and Grill located in the city of Utopia in the State of Grace. Bates is concerned how his business could be affected by having same sex couple customers. Bates is not only worried about how profits could decrease, he also believes that homosexuality is immoral. He believes that many of his regular customers would not return or customers would be angry about same sex couples being present during their romantic getaway at the Eros Lodge. The Public Administration Equal Access Act forbids discrimination regarding sexual orientation in places such as those owned by Norman Bates. The Equal Access Act applies to any business whose daily operations affect interstate commerce. The Eros Lodge and Bar and Grill are not private businesses, and there are more than five rooms available for guests. Many guests are

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

In order to be on the same page as other major cities across the United States, motions were made over a year ago in Houston to pass an equal rights, anti-discrimination ordinance known as the Houston Equal Rights Ordinance (HERO). At last a decision was made, and on November 3rd, 2015, HERO was struck down by 61 percent of the voters by referendum (Fernandez). The premise of the anti-discrimination ordinance is similar to those of other cities across the nation; to prevent discrimination on the bases of 15 different classes including race, age, gender identity, and sexual orientation. Houston’s mayor Annise Parker, who identifies as gay herself, was a strong supporter of the proposition for equal rights, and as all supporters in the Houston area agreed, it would put Houston on the map of inclusive and tolerant cities (Fernandez). On the other side of the argument is the conservative population of Houston. With the majority of political opinion in the Houston area being that of highly conservative leaning, HERO proved to be a controversial ordinance for many of these individuals. In an effort to increase support for opposing HERO, conservative politicians in the Houston area therefore took advantage of conservative ideals to promote a counter-position to the anti-discrimination laws (Ura).

HERO, the Houston Equal Rights Ordinance, according to the City of Houston Equal Rights Ordinance (2014), covers nondiscrimination against sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity, and pregnancy. The ordinance lists sections of protection within city services and employment, contracting with the city, public accommodations, private employment, and housing (Exh A, 2014). (Ord. No. 2014-530, § 2(Exh A), 5-28-2014)

organizations in georgia the legal right to deny services and jobs to gay, lesbian, bisexual and transgender people in an effort

Dred Scott was born into slavery in southampton county virginia in 1795.Dred scott was owned by John emerson for quite sometime.When his owner moved to illinois Dred and his family were supposed to be given equal right along with freedom given that where they were slavery was illegal.Unfortunately this wasn’t the case and when his owner John died Dred and his lawyer went to court to fight for him and his family freedom that they were never granted and like usual they were denied twice bringing the scott family back to where they started off but only time could tell as this was decided by the constitutional law. This played a huge role in the 14th Amendment as it covers that every citizen should have their equal rights and as that was

This is the year of 2016, it has been approximately 93 years scene the ratification of the Equal Rights Amendment was first introduced to Congress. Still after 93 years, the amendment was never officially passed. Now in 2016, women are dominating almost every job a man has done: a lawyer, a voter, a businesswoman, a politician, maybe even a president, but still are being seen as women from the 1920s. Why? In 2012, full time working women made 77 cents for every dollar a man made, this is a 23 percent gap between the genders (Rosen). Women work equally as men in their everyday lives, but are not treated nor rewarded equally. According to Supreme Court Justice Antonin Scalia, "Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't." (Arquette). The constitution does not prohibit discrimination as the law was never ratified. Sure, employers do not allow it, but they do

Why is it important that all people receive equal protection of the laws? Well, why is it important that students are allowed to go any school they want? The answer is because it is fair. Citizens should all be treated the same and given the same rights and protections. The United States was referred to as “The Melting Pot” by people around the world. This described the U.S.’s population: a combination of people from numerous different cultures, ethnicities, nationalities, and religions. Though, this term would only be valid if all of those people were treated the same.

Gender equality is a pressing issue in the United States. The definition of gender, and the rights that accompany them, is constantly being updated and adjusted. The LBGT community is fighting for equality after being repressed for many years. Because of this sudden movement, social issues are sparking outrage and debate on whether a certain law or right for LBGT people is to be initiated. In many instances, these issues dominate the media, and cause for chaos on both sides of the spectrum. The bathroom controversy exemplifies this. The LBGT community argues that anyone should be able to use whichever bathroom that matches with their identified gender. Members of the LBGT community should not be able to use whatever bathroom they please.

As we come into President's Trump second month in office some new policies seem to be possibly coming into effect, totally going against what the president was promising during his presidential campaign. While in the running to become our 45th president Donald Trump promised the citizens of the United States that he would protect and honor the rights of the LGBTQ community. Not really stating whether he would keep all of Obama's policies in affect but more as just making a promise to protect them. Now when the word “protect” is used it would be assumed that the person making the claim would do everything in their power to make sure no discrimination is being done. That all would be seen as equals and have all the same rights as other. Right?