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On Hollender's theory, therefore, the Constitution would forbid individuals from engaging in racial, ethnic, or religious discrimination in deciding whom to marry, since the Equal Protection Clause surely forbids such discrimination by government.
By attracting more women, ladies' nights improve the dating odds for male patrons.He is, wrong, however to attribute his likely difficulties to the fact that "he is arguing on behalf of men and not women, whom he says the U. Supreme Court has given 'preferential treatment for past invidious, economic discrimination.'" In reality, many of the Supreme Court's most important Equal Protection Clause precedents striking down laws that discriminate on the basis of sex involved discrimination against men. Boren, the 1976 case that instituted the current "intermediate scrutiny" standard for government sex discrimination, and Mississippi University for Women v.Hogan (1982), an important case that ruled that an all-female state university was unconstitutional.The Equal Protection Clause of the Fourteenth Amendment clearly says that a "state" may not "deny to any person within its jurisdiction the equal protection of the laws." The Amendment does not ban discrimination by private parties, only that undertaken by states.Over the years, courts have sometimes ruled that private racial or sex discrimination can be imputed to states in cases where the private actor is actually an agent of the government or otherwise closely entertwined with it.
If Hollender's argument prevails, all would be subject to the same restrictions on ethnic, religious, and sex discrimination as are imposed by the Fourteenth Amendment on government.