The principles of equality and non discrimination, a comparative law perspective - United States of America

16-03-2021

This study forms part of a larger comparative law project which seeks to study the way that the principles of equality and non-discrimination have developed and are demonstrated in a broad range of legal systems around the world. The subject of this study is the principles of equality and non-discrimination in the United States federal legal system. It provides a brief history of the evolution of the principles of equality and non-discrimination developed in United States federal law and major events that furthered the development of the principles. It provides a detailed review of relevant constitutional, statutory, and case law with respect to these principles. The current and likely future limits of the principles of equality and non-discrimination are discussed in the context of three examples: (1) affirmative action in higher education, (2) racial and partisan gerrymandering, and (3) discrimination on the basis of sexual orientation and gender identity in public accommodations.

This study forms part of a larger comparative law project which seeks to study the way that the principles of equality and non-discrimination have developed and are demonstrated in a broad range of legal systems around the world. The subject of this study is the principles of equality and non-discrimination in the United States federal legal system. It provides a brief history of the evolution of the principles of equality and non-discrimination developed in United States federal law and major events that furthered the development of the principles. It provides a detailed review of relevant constitutional, statutory, and case law with respect to these principles. The current and likely future limits of the principles of equality and non-discrimination are discussed in the context of three examples: (1) affirmative action in higher education, (2) racial and partisan gerrymandering, and (3) discrimination on the basis of sexual orientation and gender identity in public accommodations.