The Constitutional Underclass by Evan Gerstmann

The Constitutional Underclass

Gays, Lesbians, and the Failure of Class-Based Equal Protection

Evan Gerstmann

When the Supreme Court struck down Colorado’s Amendment 2which would have nullified all state and local laws protecting gays and lesbians from discriminationit 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.

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Details

ISBN 9780226288604
Genre Law & Government
Publication Date 1999
Publisher University of Chicago Press
Format Trade Paperback
No. of Pages 212
Language English
Rating NotRated
Subject Equality Before The Law; Gays; Gays/ Legal Status, Laws, Etc./ United States
BookID 2394

Author: LFWBooks