Equal protection clause of U.S. Constitution. "No state...deny to any person within ins jurisdiction equal protection of the law."
Public entity cannot discriminate in providing services, opportunities or employment.
14th Amendment Intent and Essence
Intent = Laws and regulations be applied in fair, non-discriminatory manner.
Essence = similar situated people should receive similar treatment by law.
History of 14th Amendment
Aimed at eliminating all slavery after Civil War. Over the years, court decisions have applied E.P. to cases other than race.
purposeful, not unintentional, discrimination.
Unintended discrimination is insufficient grounds for violation.
Challenging a Law on the Basis of Equal Protection.
1. Deprivation of fundamental right (ex: right to vote, travel, etc)
2. Classification into group to receive different treatment (strict scrutiny, intermediate scrutiny, rational basis review)
Three-tiered Standard of Review
1. strict scrutiny
2. intermediate scrutiny
3. rational basis review
highest standard of review. deals with race, origin or religion.
virtually never any constitutionally permissible reason for differentiation.
unjustifiable for 3 reasons:
1. historical discrimination 2. groups have experienced lack or political power 3. based upon unchangeable traits
deals with gender and legitimacy of birth.
gender discrimination would be the difference in ability to perform tasks (ex: separate gender teams in sports. this is for protection of health and safety).
similar to strict scrutiny test, slightly less rigorous exam.
rational basis review
lowest level of scrutiny. deals with groups not historically associated with discrimination (ex: sexual orientation, disabilities).
Need to show challenged practice reasonably related to achieve government interest.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Guarantees individuals protected against "arbitrary invasions by gov. officials".
Only "unreasonable" searches and seizures are prohibited. Considered "unreasonable" if unconstitutional and prohibited.
Ex: search of lockers, personal items or person.
According to the 4th Amendment, what is a "search"?
Occurs when expectation of privacy that society considers reasonable is infringed.
Ex: urine testing constitutes a search/seizure
MANDATORY, random urine testing in public school athletes is considered reasonable.
According to the 4th Amendment, what is considered "reasonable"?
"reasonable" is contextual. Depends on: "was the search justified with reasonable suspicion?" and "Was the search reasonable in scope (i.e. what was the degree of the intrusion in light of the age and sex of student and nature of the infraction?)"
programs emerged in the 1960's at all levels of sport.
Some people have voiced concern regarding the violation of athletes privacy rights.
Legal Areas Governing Drug Testing
Constitutional Law (High School or College) & Labor Law (Pro's )
High School or College Athlete Drug Testing
Concern right to due process and privacy.
To determine if drug test is "reasonable", court must balance 1. Legitimate privacy expectation 2. character of intrusion 3. nature and immediacy of concern.
Legitimate Privacy Expectation
4th Amendment only protects expectations of privacy society recognizes as legitimate. Legitimacy of an expectation varies.
Ex: Physical exams by stranger; showering with team
Character of the Intrustion
Court examines 2 factors:
1. How drug test collects samples (blood [very invasive] or urine [less invasive])
2. Type of information being collected (test should ONLY look for illegal and PED's, info should only be disclosed with people who NEED to know)
Nature and Immediacy of concern
court must determine whether the state's interest in conducting the drug test is important enough to justify intruding on individual's genuine privacy expectation.
Need probably cause.
Pro Athletes. Player conduct governed by Collective Bargaining Agree. Since drug-testing programs affect condition of employment, the are mandatory.
American Civil Liberties Union (ACLU)
defends the rights and liberties of individuals that the constitution guarantees.
Ex: First Amendment, Equal Protection, Due Process, Privacy
Issues with Prayer and the School System
What are the boundaries of governmental involvement in religious activities?
When is public religious activity allowed or prohibited?
Ratified on December 15th, 1791.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
History of 1st Amendment
1779, Governor Thomas Jefferson sought religious freedom in Virginia. Proposed "A Bill Establishing Religious Freedom" passing in 1786.
Jefferson said "no one shall be compelled" to support religion. And "All men shall be free to profess...their opinions in matters of religion"
5 years later, this idea was incorporated into 1st amendment.
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