Table of Contents
Foreword 13
Amendment Text and Explanation 16
Introduction 19
Chronology 25
Chapter 1 Historical Background of the Fourteenth Amendment
Speech in the House of Representatives Opposing Adoption of the Fourteenth Amendment Andrew Rogers 34
Call for the House of Representatives to Vote on the Fourteenth Amendment Thaddeus Stevens 42
Speech in the House of Representatives Praising the Fourteenth Amendment Jehu Baker 46
New York Times Editorial Following Ratification of the Fourteenth Amendment: New York Times 53
Speech in the House of Representatives Opposing Enforcement of the Fourteenth Amendment William S. Holman 57
Speech in the Senate Favoring Enforcement of the Fourteenth Amendment Henry Wilson 64
Chapter 2 Equal Protection for Racial Minorities
The Fourteenth Amendment Prohibits Laws that Are Discriminatory in Effect Stanley Matthews 73
Racial Segregation in Public Accommodations Is Not Unconstitutional Henry Billings Brown 79
Under the Constitution Racial Segregation Cannot Be Tolerated John Marshall Harlan 85
Racial Segregation in Public Education Is Unconstitutional Earl Warren 92
Race Cannot Be Used as a Basis for School Admission, Even to Achieve Diversity John Roberts 97
Affirmative Action in School Integration Does Not Violate the Fourteenth Amendment Stephen Breyer 104
Chapter 3 Equal Protection for Women, Immigrants, and Gays
Laws That Discriminate on the Basis of Gender are Unconstitutional Warren Burger 112
Children of Illegal Immigrants are Entitled to Free Schooling William J. Brennan 116
Congress, Not the Courts, Is Responsible for Policies Regarding Illegal Immigrants Warren Burger 124
Laws That Discriminate on the Basis of Sexual Orientation are Unconstitutional Anthony M. Kennedy 130
The Constitution Does Not Require Preferential Treatment for Gays Antonin Scalia 137
The Supreme Court's Rulings on Equal Protection Have Been Inconsistent Geoffrey R. Stone 146
Chapter 4 Current Debate on Equal Protection
Banning of Same-Sex Marriage Will Someday Be Ruled Unconstitutional Kermit Roosevelt 156
A Constitutional Amendment Should Be Adopted to Ban Same-Sex Marriage Richard Land 161
The Federal Hate Crimes Bill Would Violate the Concept of Equal Protection Robert H. Knight 166
Hate Crime Laws are Necessary Because Not All Citizens are Yet Equal Mel Seesholtz 173
A Woman is Entitled to Equal Protection When She Did Not Consent to Pregnancy Eileen McDonagh 180
An Unborn Child is Entitled to Equal Protection Under the Fourteenth Amendment Charles I. Lugosi 186
Appendices
A The Amendments to the U.S. Constitution 192
B Court Cases Relevant to the Fourteenth Amendment's Equal Protection Clause 194
For Further Research 207
Index 213
