Brief for Amicus Curiae Lorianne Updike Toler in Soule v. CT Schools in the Court of Appeals for the Second Circuit

Abstract

This brief clarifies the applicability of the Privileges or Immunities Clause of the Fourteenth Amendment to class-based discrimination, particularly as it relates to education. This brief will attempt to do so by exploring the history of its antecedent, the Privileges and Immunities Clause. Then, this brief will show how the Privileges or Immunities Clause prohibits class-based discrimination. Further, the Privileges or Immunities Clauses establishes protection of fundamental privileges, of which education is one. Lastly, even if education is not found to be a fundamental privilege, the Privileges or Immunities Clause protects privileges beyond those that are fundamental, including education.

Keywords: Privileges and Immunities, Privileges or Immunities, Fourteenth Amendment, class-based discrimination, transgender sports case