In God's Image: The Religious Imperative of Equality Under Law

Posted: 4 Oct 2000

Abstract

This Essay argues that the principle of equality under law is best grounded in a holistic view of human dignity. Rejecting modern attempts to justify equality by reducing humanity to a particular factual characteristic, it articulates a religious imperative to treat people equally by drawing on biblical as well as modern philosophical sources. The principle "all men are created equal," as celebrated in the Declaration of Independence and Gettysburg Address, draws on this holistic understanding of humanity. This admittedly romantic approach to equality generates a critique of contemporary Supreme Court doctrine, including the prevailing approaches to strict scrutiny, affirmative action, and wealth discrimination.

Suggested Citation

Fletcher, George P., In God's Image: The Religious Imperative of Equality Under Law. Columbia Law Review, Vol. 99, P. 1608, 1999. Available at SSRN: https://ssrn.com/abstract=213090

George P. Fletcher (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States
212-854-2467 (Phone)

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