Abstract and Keywords
This chapter examines constitutional equality through frameworks that have been developed to address equal protection, paying particular attention to how the Supreme Court both generated and dismantled jurisprudential paths. It first looks at equality in early American history and the emergence of class legislation as a framework, followed by a discussion on the postbellum upheaval and settlement of equality. It then considers women’s equality and the transformation of the American state in the early twentieth century, along with retrenchment and transformation around race in the late twentieth and early twenty-first centuries. It also traces the flowering of equal protection regarding gender and the rise of equality jurisprudence with respect to sexual orientation before concluding with an assessment of how the Supreme Court has built and dismantled frameworks of classification, the ideological debates surrounding the frameworks, and the jurisprudence of fundamental rights within the context of equal access.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.