Beyond Race, Sex, and Sexual Orientation: Legal Equality Without Identity - Softcover

Bedi, Sonu

Softcover

ISBN 10: 1107515408 ISBN 13: 9781107515406

Publisher: Cambridge University Press, 2014

Synopsis

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.

About this title

About the Author

Sonu Bedi is Associate Professor of Government at Dartmouth College. Bedi works in the intersection of law and political theory. His publications include Rejecting Rights (Cambridge, 2009), Political Contingency: Studying the Unexpected, the Accidental, and the Unforeseen (co-editor, 2007) and various articles on constitutional law and political philosophy.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2014
• Language: English
• ISBN 10: 1107515408
• ISBN 13: 9781107515406
• Binding: Paperback
• Number of pages: 292