Animus: A Short Introduction to Bias in the Law

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 discrimin...