Constitution And Discrimination: What's Prohibited?

Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. The article ensures that citizens have equal access to public spaces and utilities, such as shops, restaurants, and hotels, regardless of their background. It also empowers the state to create special provisions for vulnerable groups, including women, children, and socially disadvantaged classes, without violating the principle of equality. This article has been central to many judicial decisions, public debates, and legislation surrounding affirmative action and quotas, shaping the interpretation and application of anti-discrimination laws in India.

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Religion

The First Amendment of the US Constitution prohibits laws that discriminate against religious practice. The text states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This is often referred to as the Free Exercise Clause, which protects religious observers against unequal treatment.

The Free Exercise Clause has been invoked in several cases to prevent discrimination against religious practice. In Fowler v. Rhode Island, the Supreme Court held that a city had violated the First Amendment by applying an ordinance prohibiting certain activities in public parks in a discriminatory fashion. In Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, the Supreme Court recognised that the Free Exercise Clause protects religious observers against unequal treatment.

In addition to the Free Exercise Clause, Title VII of the Civil Rights Act of 1964 also prohibits religious discrimination in the workplace. This includes discrimination in hiring, firing, compensation, assignment, and classification of employees. Employers must also provide reasonable accommodations for employees' religious beliefs and practices, unless doing so would cause an "undue hardship".

The Equal Employment Opportunity Commission (EEOC) provides guidance on religious discrimination and the complaint process. According to the EEOC, religious discrimination can take many forms, including harassment, disparate treatment, and failure to accommodate religious beliefs and practices. The EEOC also provides examples of reasonable accommodations, such as flexible scheduling, voluntary shift substitutions, job reassignments, and modifications to workplace policies or practices.

In conclusion, both the US Constitution and federal law prohibit discrimination on the basis of religion. The Free Exercise Clause of the First Amendment protects against laws that discriminate against religious practice, while Title VII of the Civil Rights Act of 1964 prohibits religious discrimination in the workplace.

Race

The Fourteenth Amendment to the US Constitution was designed to ensure that people of colour enjoyed the same civil rights as white people under the law and to deny states the power to withhold equal protection from their laws. The Amendment was intended to stop states from discriminating against black people, and while it does not specifically mention national origin, the Supreme Court has interpreted it to prohibit discrimination on the basis of race, colour, and national origin.

The Equal Protection Clause of the Fourteenth Amendment has been used by the Supreme Court to prohibit racial discrimination in a variety of contexts, including education, employment, housing, and voting. In Brown v. Board of Education, the Court ruled that racial segregation in schools was unconstitutional, marking a turning point in the struggle to dismantle government-imposed segregation in American society. The Court has also held that laws prohibiting interracial marriages violate the Equal Protection Clause, protecting the rights of people of all races to marry regardless of their partner's race.

In the context of education, the Court has considered the constitutionality of race-based preferences in university admissions processes. In Schuette v. Coalition to Defend Affirmative Action, the Court restricted its prior holdings to situations where state action had a serious risk of causing specific injuries on account of race. The Court has also addressed racial discrimination in university admissions in cases such as United States v. Fordice, where it found that Mississippi had not eliminated all vestiges of its prior de jure, racially segregated system of higher education.

Federal anti-discrimination laws also prohibit discrimination in housing, credit, employment, and public accommodations. The Fair Housing Act prohibits discrimination in housing on the basis of race, colour, and national origin, while the Equal Employment Opportunity Act prohibits employers from refusing to hire or imposing conditions based on race, colour, or national origin.

State and local laws may also provide additional protections against racial discrimination, and individuals who believe they have been discriminated against can file complaints with various government agencies or in court.

Caste

In the United States, caste is not officially recognized by law as a category of discrimination. This is because caste discrimination was not a well-known phenomenon when the laws were written. However, in recent times, caste discrimination has come to light, particularly in the US tech sector, with reports of caste-based discrimination issues in Silicon Valley. In 2023, Seattle became the first US jurisdiction to explicitly ban discrimination based on caste, adding it to its list of protected categories. California has also implicitly covered caste under anti-discrimination laws, with California State Senator Aisha Wahab introducing a bill (SB 403) that would have made California the first state to include caste in its list of protected categories. This bill was vetoed by Governor Gavin Newsom, who argued that pre-existing anti-discrimination laws already prohibited caste discrimination.

In India, the Constitution prohibits discrimination on the grounds of caste under Article 15, which is part of the fundamental rights of the people of India. This article states that the state shall not discriminate against any citizen on the grounds of caste, and no citizen shall be subject to any disability, liability, restriction, or condition on the basis of caste. It also guarantees special provisions for socially disadvantaged classes, such as the Scheduled Castes and Scheduled Tribes.

Some objectors have argued that recognizing caste discrimination as a protected category may cause constitutional problems, violating the First Amendment's Establishment and Free Exercise Clauses. However, others argue that caste is a distinct category and can be recognized separately from religion, and that the government is empowered to protect individuals from caste discrimination.

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Sex or gender

The Constitution of India prohibits discrimination based on sex or gender, among other factors. Article 15 of the Constitution states that the State shall not discriminate against any citizen on the grounds of religion, race, caste, sex, place of birth, or any of them. This means that all Indians are equal before the law and cannot be discriminated against on the basis of gender. This has shaken the foundations of the caste system, for example, allowing anyone to enter a restaurant regardless of their gender.

The Constitution also ensures that no citizen shall, on the grounds of sex or gender, be subject to any disability, liability, restriction, or condition with regard to access to public spaces and facilities, such as shops, restaurants, hotels, and places of public entertainment venues. This includes the use of public amenities like wells, tanks, bathing ghats, roads, and places of public resort.

Additionally, the Constitution does not prevent the State from making special provisions for women and children, ensuring their advancement and protection. This clause was debated during the drafting of the Constitution, and it was clarified that the general nature of the language used in Article 15 was sufficient to cover a wide range of public spaces, including those not specifically mentioned.

In the United States, the Constitution promises equal protection under the law, regardless of gender identity or sexual orientation. This is reflected in anti-discrimination laws such as Title VII of the Civil Rights Act of 1964 and Bostock v. Clayton County (2020). These laws aim to prevent discrimination in various aspects of life, including education, employment, healthcare, and housing.

Place of birth

The Constitution of the United States prohibits discrimination based on place of birth, ensuring that all individuals born in the country are treated equally under the law, regardless of their birthplace. This protection extends to both citizens and non-citizens alike, guaranteeing that people from all backgrounds and origins are afforded the same rights and opportunities.

The Fourteenth Amendment plays a pivotal role in safeguarding individuals against discrimination based on place of birth. Ratified in 1868, this amendment firmly establishes the principle of birthright citizenship, stipulating that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This amendment serves as a cornerstone of equal protection, ensuring that individuals are not denied their fundamental rights due to where they were born.

The Constitution's prohibition of discrimination based on place of birth holds significant implications for various aspects of American life. In education, for instance, schools and universities are prohibited from denying admission or providing unequal treatment to students based on their birthplace. Similarly, in the realm of employment, employers are legally bound to refrain from discriminating against individuals in hiring, promotion, or compensation decisions solely because of where they were born.

Housing is another critical area where the Constitution's protection against place-of-birth discrimination comes into play. This protection ensures that landlords and housing providers cannot deny housing or apply different terms and conditions based on an individual's birthplace, guaranteeing equal access to safe and suitable housing opportunities for all.

Furthermore, the Constitution prohibits discrimination in public accommodations and services based on place of birth. This means that individuals are entitled to equal access to places like restaurants, hotels, and transportation systems, regardless of their birthplace. Additionally, they are ensured equal treatment in the provision of services, fostering a society where everyone can participate fully and access the same opportunities.

In summary, the Constitution's prohibition of discrimination based on place of birth is a fundamental aspect of equality and justice in the United States. By safeguarding individuals from discrimination in education, employment, housing, and public accommodations, the Constitution ensures that birthplace does not become a barrier to opportunity and fair treatment. This protection extends to all individuals born in the country, upholding their inherent rights and equal standing before the law.

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