The Neutrality Of Amendment One

4116 Words Dec 2nd, 2014 17 Pages
“Neutrality of Amendment One” Throughout our country’s history we have proclaimed a love for equality for all; however there have been times were this was not so. Someone could think of many examples of times where the equality of every individual was not upheld, but today, legislation is considered to be race neutral. Today, laws must be formally equal. We live in a time after slavery and after Jim Crow which deliberately placed African-Americans at a disadvantage. Because of this, laws are meant to be race neutral. One can then suspect that the effects of those laws, written in race neutral language will also be race neutral. However, this may not be the case. It could very well be that the effects of some laws disproportionately, and negativity, effect a specific group of people. There have been recent instances where this neutrality of the law is not as simple as one may think and is therefore examined. A very notable example of such an examination is in Dorothy E. Roberts’, Punishing Drug Addicts Who Have Babies: Women of Color, Equality, and the Right of Privacy.
In this piece, Roberts looks at laws in certain states that allow for law enforcement to arrest women who give birth to babies that test positive for drugs under the fact that they exposed their unborn child to drugs and therefore endangered the well being of a minor (Roberts pg 384). Throughout her examination, Roberts’ main objective is to show that a law like this is unconstitutional as far as the right…
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