Search results for: "immutable characteristics" (83 results)
The Yale Law Journal - Jessica A. Clarke Jessica A. Clarke Article Courts often hold that antidiscrimination law protects “immutable” characteristics, like
law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the
quoting then-Attorney General Eric Holder’s warning that “basing sentencing decisions on static factors and immutable characteristics . . . may
immutable characteristics . . . may exacerbate unwarranted and unjust disparities that are already far too common in our criminal justice system and in
sentencing decisions on static factors and immutable characteristics . . . may exacerbate unwarranted and unjust disparities that are already far too
characteristics. As I argue in Part III, however, asylum law protects homosexuals on the basis of their immutable sexual orientation and thus precludes the
Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates
Court’s equal protection jurisprudence. Other scholarly treatments of this subject have examined immutable traits defined as those characteristics that
Court, to adopt a different under- standing of immutable characteristics.2 Many courts now ask “not whether a characteristic is strictly unchangeable
of case law and sch… Article Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of