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During oral arguments in March , 1965 the Justices asked Emerson what part of the Fourteenth Amendment his argument relied on: JUSTICE HUGO L. BLACK: You're abandoning your idea of any argument under equal protection as such?
See also Collins v. State Board of Social Welfare, 248 Iowa 369, 81 N.W.2d 4 (1957) (family maximum invalid under equal protection clause of state constitution); Metcalf v. Swank, 293 F.Supp.
During oral arguments in March , 1965 the Justices asked Emerson what part of the Fourteenth Amendment his argument relied on: JUSTICE HUGO L. BLACK: You're abandoning your idea of any argument under equal protection as such?
" Walker held that the ban on same-sex marriage did not pass even the most minimal scrutiny under equal protection law, because it denied a fundamental right — the right to marry the person one chose — without a "legitimate (much less compelling) reason".
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Biology cannot be avoided in determining whether fundamental rights are protected under the equal protection clause of our Constitution.
In what may prove the most important civil rights case in a generation, five of the nine court justices determined that the right to marriage equality was enshrined under the equal protection clause of the 14th amendment.
"I think that under established equal protection law, they have strong claims," Mr. Chemerinsky said.
In the court below contentions were made under the equal protection clause of the Fourteenth Amendment, U.S.C.A.Const.
At first, school districts contended that education was a federal constitutional right that should be covered under the equal protection clause.
As such, unless a woman willingly agrees to become pregnant and carry the fetus to term, her condition falls under the equal protection clause of the 14th Amendment.
Under traditional equal protection principles, a State retains broad discretion to classify as long as its classification has a reasonable basis.
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