Race, Gender, and Equal Protection Jurisprudence

40 Pages Posted: 21 Jul 2019 Last revised: 22 Jul 2019

See all articles by Dan Ziebarth

Dan Ziebarth

George Washington University

Date Written: July 21, 2019

Abstract

This essay forwards the discussion of equal protection jurisprudence concerning considerations of fairness and equality in relation to race and gender through a four-section comparative assessment. Section I will describe the historical and jurisprudential background of issues and debates in racial discrimination. Section II will describe the historical and jurisprudential background of issues and debates in gender discrimination. Section III will analyze the distinct convergence and divergences that have appeared in constitutional interpretation of equal protection jurisprudence. Section IV will assess the underlying theoretical disparities between two major schools of thought in equal protection jurisprudence, referred to as colorblind constitutionalism and antisubordination constitutionalism. Finally, the conclusion will provide remarks on equal protection jurisprudence, discuss how this has affected the state of contemporary social affairs, and argue for the adoption of equal protection jurisprudence that focuses on just procedure, which targets the consistency in unbiased processes of judicial application, as opposed to the final decision, as principal in the determination of fair and equal treatment in the administration of justice.

Keywords: Race, Gender, Equal Protection, Fourteenth Amendment, Colorblind, Antisubordination

Suggested Citation

Ziebarth, Dan, Race, Gender, and Equal Protection Jurisprudence (July 21, 2019). Available at SSRN: https://ssrn.com/abstract=3423664 or http://dx.doi.org/10.2139/ssrn.3423664

Dan Ziebarth (Contact Author)

George Washington University ( email )

Washington, DC
United States

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