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Unequal Inequalities? Poverty, Sexual Orientation, And The Dynamics Of Constitutional Law, Jane S. Schacter

Utah Law Review

As we think about the future role the judicial branch will play in our governance, we might consider one important function of the courts: addressing claims of constitutional inequality. In this Article, I explore this question by juxtaposing two claims of inequality that have been pressed by advocates—one concerning sexual orientation, the other concerning poverty. These two contexts are undoubtedly different in ways both numerous and significant. The lesbian, gay, bisexual, and transgender (LGBT) rights movement is today, while the constitutional movement for the rights of the poor was yesterday.1 The LGBT movement has won major Supreme Court victories in …