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Civil Rights and Discrimination

Mercer University School of Law

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Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications, Kaleb Byars Jan 2022

Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications, Kaleb Byars

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n June 2020, the Supreme Court decided Bostock v. Clayton County. In Bostock, the Court held that discrimination on the basis of sexual orientation and transgender status per se constitutes discrimination "because of sex" for purposes of Title VIL But Bostock inspires the question of whether its holding and reasoning apply in other contexts, including the Equal Protection Clause context. While the Supreme Court has held intermediate scrutiny applies to sex classifications analyzed under the Equal Protection Clause, the Court has yet to elucidate the level of scrutiny that applies to LGBTQ classifications. Meanwhile, state and federal courts …


“You Can't Afford To Flinch In The Face Of Duty”: Judge William Augustus Bootle And The Desegregation Of The University Of Georgia, Patrick Emery Longan Jan 2019

“You Can't Afford To Flinch In The Face Of Duty”: Judge William Augustus Bootle And The Desegregation Of The University Of Georgia, Patrick Emery Longan

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On January 6, 1961, United States District Judge William Augustus Bootle granted a permanent injunction that required the University of Georgia to admit its first two black students, Hamilton E. Holmes and Charlayne A. Hunter. The backlash began immediately. Newspaper editorials condemned the decision. The Governor of Georgia threatened to close the University. Students rioted. A man escaped from an insane asylum, armed himself and went looking for Charlayne Hunter at her dormitory. Judge Bootle received numerous critical letters, including some that were threatening. Yet Judge Bootle’s attitude was that he did no more than what his position as a …


The Constitution, Desegregation, And Public Opinion: Swan V. Charlotte-Mechlenburg Board Of Education, James L. Hunt Jan 2015

The Constitution, Desegregation, And Public Opinion: Swan V. Charlotte-Mechlenburg Board Of Education, James L. Hunt

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The first three words of the preamble to the Constitution are "We the People." Yet the vast majority of constitutional scholarship is limited to the opinions of judges, lawyers, law professors, and other political and economic elites. This article takes a different approach to constitutional understanding. It describes the legal thoughts of the citizens for whom the Constitution exists. It does so through an analysis of the public's reaction to the federal court decisions in Swann v. Charlotte-Mecklenburg Board of Education, a desegregation case. The lead attorney for the Swann plaintiffs was Julius LeVonne Chambers, an alumnus and future …


Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore Jan 2012

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

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In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …