Unleashing the Fourteenth Amendment

11 Pages Posted: 12 Oct 2017

See all articles by Ann Schiavone

Ann Schiavone

Duquesne University School of Law

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

Suggested Citation

Schiavone, Ann, Unleashing the Fourteenth Amendment (February 20, 2016). Wisconsin Law Review Forward 2016, Duquesne University School of Law Research Paper No. 2017-05, Available at SSRN: https://ssrn.com/abstract=3047879

Ann Schiavone (Contact Author)

Duquesne University School of Law ( email )

600 Forbes Avenue
Pittsburgh, PA 15282
United States
412-396-2117 (Phone)

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