Animus: A Short Introduction to Bias in the Law

by William D. Araiza

Overview

An introduction to the legal concept of unconstitutional bias.

If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don’t want “those kinds of people” in the neighborhood, the town’s decision is motivated by the public’s dislike of a particular group. Constitutional law calls this rationale “animus.”

Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court’s condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group’s equality claims constitute animus? Does the concept of animus have roots in the Constitution?

Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme Court’s most important discrimination cases through the lens of animus, tracing the concept from nineteenth century legal doctrine to today’s landmark cases, including Obergefell vs. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. Animus humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus, and why the prohibition against it matters more today than ever in our pluralistic society.

Product Details

ISBN-13:	9781479846030
Publisher:	New York University Press
Publication date:	04/04/2017
Series:	Legal Latin in Practice Series , #1
Pages:	224
Product dimensions:	5.60(w) x 8.30(h) x 1.00(d)

About the Author

William D. Araiza is Professor of Law and Dean of Brooklyn Law School and the author of Enforcing the Equal Protection Clause (NYU, 2016), Animus: A Brief Introduction to Bias in the Law (NYU, 2017), and Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt (forthcoming, 2022).

Table of Contents

Acknowledgments ix

Introduction: Animus, and Why It Matters 1

Part I Laying Out the Tools

1 Class Legislation and the Prehistory of Animus 11

2 Department of Agriculture v. Moreno 29

3 City of Cleburne v. Cleburne Living Center 37

4 Romer and Lawrence 48

5 United States v. Windsor 65

Part II Building the Structure

6 What's Wrong with Subjective Dislike? 79

7 Objectively Objectionable 89

8 The Doctrinal Uniqueness of Animus 105

9 The Elusive Search for Animus 120

10 How Much Animus Is Enough? And What Should We Do about It? 134

11 Applying What We Have Learned 144

12 Obergefell and Animus 163

Conclusion: Animus Doctrine Today and Tomorrow 173

Notes 181

About the Author 201

Editorial Reviews

"Professor Araiza has provided a valuable service in revealing the history and motivations associated with the animus doctrine."

Chronicles

"By applying historical context to modern issues such as marriage equality, his discussion illuminates why understanding the concept of animus is important for judges and lawyers handling constitutional issues...Learning more about animus and its influence empowers us to work against it both as plaintiff lawyers and as citizens."

Trial

"Professor Araiza's fascinating new book helps to illuminate an important and under-theorized area of constitutional law. In clear and jargon-free prose accessible to academics and lay readers alike, Araiza explains how the concept of 'animus' as an impermissible government objective has its roots in the nation's Founding. He also ties together several Supreme Court decisions over the past few decades—especially in the area of gay rights—that have vexed many constitutional analysts. And finally, he offers a way to think about animus that will help courts address future cases where government action appears to be based on simple dislike of a group of people. The book is a significant contribution to our understanding of constitutional law."

Dale Carpenter

"In this thoughtful, carefully reasoned book, William D. Araiza takes on one of the most important issues of contemporary constitutional law: when does a governments targeting of a particular group represent a constitutional wrong? In clear, concise language, Araiza makes the case that all Americans are protected against invidiously motivated government action, where that action amounts to unconstitutional animus. Drawing on a long history of legal thought condemning government actions targeting a particular group for disfavor, Araiza reveals a critical but often overlooked truth: that even today the Supreme Courts decisions offer real opportunities for groups seeking equality protections."

Katie Eyer

"In this thoughtful, carefully reasoned book, William D. Araiza takes on one of the most important issues of contemporary constitutional law: when does a government’s targeting of a particular group represent a constitutional wrong? In clear, concise language, Araiza makes the case that all Americans are protected against invidiously motivated government action, where that action amounts to unconstitutional animus. Drawing on a long history of legal thought condemning government actions targeting a particular group for disfavor, Araiza reveals a critical but often overlooked truth: that even today the Supreme Court’s decisions offer real opportunities for groups seeking equality protections."-Katie Eyer,Rutgers Law School

From the Publisher