XIV--Equal Protection Book

Foreword 13

Amendment Text and Explanation 16

Introduction 19

Chronology 25

Chapter 1 Historical Background of the Fourteenth Amendment

Speech in the House of Representatives Opposing Adoption of the Fourteenth Amendment Andrew Rogers 34

Call for the House of Representatives to Vote on the Fourteenth Amendment Thaddeus Stevens 42

Speech in the House of Representatives Praising the Fourteenth Amendment Jehu Baker 46

New York Times Editorial Following Ratification of the Fourteenth Amendment New York Times 53

Speech in the House of Representatives Opposing Enforcement of the Fourteenth Amendment William S. Holman 57

Speech in the Senate Favoring Enforcement of the Fourteenth Amendment Henry Wilson 64

Chapter 2 Equal Protection for Racial Minorities

The Fourteenth Amendment Prohibits Laws that Are Discriminatory in Effect Stanley Matthews 73

Racial Segregation in Public Accommodations Is Not Unconstitutional Henry Billings Brown 79

Under the Constitution Racial Segregation Cannot Be Tolerated John Marshall Harlan 85

Racial Segregation in Public Education Is Unconstitutional Earl Warren 92

Race Cannot Be Used as a Basis for School Admission, Even to Achieve Diversity John Roberts 97

Affirmative Action in School Integration Does Not Violate the Fourteenth Amendment Stephen Breyer 104

Chapter 3 Equal Protection for Women, Immigrants, and Gays

Laws That Discriminate on the Basis of Gender Are Unconstitutional Warren Burger 112

Children of Illegal Immigrants Are Entitled to Free Schooling William J. Brennan 116

Congress, Not the Courts, Is Responsible for Policies Regarding Illegal Immigrants Warren Burger 124

Laws That Discriminate on the Basis ofSexual Orientation Are Unconstitutional Anthony M. Kennedy 130

The Constitution Does Not Require Preferential Treatment for Gays Antonin Scalia 137

The Supreme Court's Rulings on Equal Protection Have Been Inconsistent Geoffrey R. Stone 146

Chapter 4 Current Debate on Equal Protection

Banning of Same-Sex Marriage Will Someday Be Ruled Unconstitutional Kermit Roosevelt 156

A Constitutional Amendment Should Be Adopted to Ban Same-Sex Marriage Richard Land 161

The Federal Hate Crimes Bill Would Violate the Concept of Equal Protection Robert H. Knight 166

Hate Crime Laws Are Necessary Because Not All Citizens Are Yet Equal Mel Seesholtz 173

A Woman Is Entitled to Equal Protection When She Did Not Consent to Pregnancy Eileen McDonagh 180

An Unborn Child Is Entitled to Equal Protection Under the Fourteenth Amendment Charles I. Lugosi 186

Appendices

A The Amendments to the U.S. Constitution 192

B Court Cases Relevant to the Fourteenth Amendment's Equal Protection Clause 194

For Further Research 207

Index 213