Op-ed: Law Day and celebrating the 14th Amendment

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  • unrepentant progressive Bozeman, MT
    May 1, 2017 7:42 a.m.

    At the end of the day, regardless of the text of the 14th Amendment, some of us are still more equal than others.

    And our new President will make sure that this continues.

  • Daedalus, Stephen ARVADA, CO
    April 30, 2017 6:37 p.m.

    Column: "The 14th Amendment ensures that all people enjoy equal protection of the law...claims alleging discrimination based on race or religion receive... strict scrutiny... claims... based on gender receive intermediate scrutiny."

    In the spirit of law day, a clarification: it is not the claim that is subjected to these levels of scrutiny, but the rather the discriminatory state or federal law.

    The fed and state gov't can discriminate against citizens without violating the constitution so long as the specific law can be justified in ways sufficient to satisfy the applicable level of scrutiny.

    Those 3 levels of scrutiny correspond to the 3 categories of protected classes of citizens described in article.

    A court weighing the constitutionality of a law that discriminates against a member of one of those protected classes applies the corresponding test (scrutiny) to determine whether or not the law passes muster.

    In other words, the claim may determine the level of scrutiny applied, but it is the law -- not the claim -- that is scrutinized.