We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
"PURPOSEFULNESS" THROUGHOUT THE DOCTRINES: THE IMPORTANCE OF MASTERPIECE CAKESHOP AND ITS CONTRIBUTION TO CONSTITUTIONAL ANALYSIS.
- Authors
Crozier, Clay W.
- Abstract
In 1976, the United States Supreme Court instituted a "purposefulness" requirement to the Fourteenth Amendment's Equal Protection Clause analysis--meaning that plaintiffs would be forced to show that a law or governmental action was purposefully denied to them based on a suspect classification before they could proceed onto a traditional strict scrutiny analysis. Later, in Village of Arlington Heights v. Metropolitan Housing Development Corp., the Court outlined a seven-factor analysis that should be applied when proving a law's discriminatory purpose. The Court realized the pervasiveness of a "purposefulness" requirement and subsequently began applying it to several other constitutional doctrines, such as procedural due process, the Press Clause of the First Amendment, and the Free Exercise Clause of the First Alnendment. Recently, the Court decided Masterpiece Cakeshop, Ltd., v. Colorado Civil Rights Commission, where it determined that silence in the wake of governmental discrimination, or failure to disavow a discriminatory statement, would be added as an additional factor to consider in the traditional seven-factor test. This Article advocates that this new factor will not only be an important factor nioving forward in "purposefulness" analysis--it will be the most consequential of the eight.
- Subjects
EQUAL rights; UNITED States. Constitution. 14th Amendment; DUE process of law; FREE exercise clause (Constitutional law); DISCRIMINATION (Sociology); LEGAL precedent
- Publication
Regent University Law Review, 2023, Vol 36, Issue 1, p59
- ISSN
1056-3962
- Publication type
Article