Unleashing the Fourteenth Amendment
Wisconsin Law Review Forward 2016
Duquesne University School of Law Research Paper No. 2017-05
11 Pages Posted: 12 Oct 2017
Date Written: February 20, 2016
Abstract
Do Justice Anthony Kennedy’s opinions in the gay rights cases of Romer v. Evans, Lawrence v. Texas, United States v. Windsor, and Obergefell v. Hodges have any impact on the future of Fourteenth Amendment jurisprudence beyond rights for gays, lesbians, and transgender persons? We don’t know. It is possible these cases will simply remain siloed in their unique legal and cultural niche, but viewing them through the lens of 150 years of Fourteenth Amendment jurisprudence suggests they may signal a shift in due process and equal protection analysis. This shift could open the doors for challenging discriminatory laws under a more robust rational basis analysis than that which is generally employed under the traditional tiered-scrutiny structure.
Keywords: animal law, pet law, dog law, canine breed-specific laws, judicial review, rational basis analysis, 14th Amendment
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