Loving's legacy: the other antidiscrimination principles

Article Abstract:

The use of the anti-discrimination principle in the landmark Loving v. Virginia case should be maintained and strengthened. Under this principle, the courts can address governmental discrimination in the form of disparate treatment of similarly situated individuals without conflicting with the dominant "equal protection" framework of the U.S. Constitution. A stronger conception of the anti-discrimination principle might compel the Supreme Court to curb its reliance on a "color-blind" rationale in discrimination cases.

United States, Race discrimination

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Destructuring disability: rationing of health care and unfair discrimination against the sick

Article Abstract:

The courts need to develop and adopt an understanding of the reasonable accommodations concept that provides protection against unfair discrimination in health care rationing. Current interpretations of the Americans with Disabilities Act have not been sufficient to address issues raised by the rationing by patient approach. An equal protection approach should be used in scrutinizing rationing by service because entitlement standards and standards that focus on the individual are inadequate.

Discrimination in medical care, Medical care discrimination, Health care rationing

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Same-sex marriage and simulacra: exploring conceptions of equality

Article Abstract:

The concept of equality before the law underlies the continuation of discriminations against groups and should be discarded for those seeking to legitimize same-sex marriages and replaced by an equality concept of multiple romance possibilities. Equality before the law presupposes predetermined separations and preferences. Applying Jean Baudrillard's simulacrum concept is useful in the analysis of the motivations behind and the substance of 1996's Defense of Marriage Act.

Gays, Beliefs, opinions and attitudes, Same-sex marriage, Baudrillard, Jean

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