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Unleashing The Fourteenth Amendment

Item

Title

Unleashing The Fourteenth Amendment

Date

2016

Volume

2016

Bibliographic Citation

2016 Wis. L. Rev. Forward 27 (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.

SSRN URL

Keywords

animal law; pet law; dog law; canine breed-specific laws; judicial review; rational basis analysis; 14th Amendment