Title: Animus : a short introduction to bias in the law /
Authors: Araiza, William D.
Year: 2017
Subjects: Equality before the law United States; Discrimination Law and legislation United States; Sociological jurisprudence United States.; Constitutional law United States; Constitutional law; Discrimination Law and legislation; Equality before the law; Sociological jurisprudence; United States
Abstract: "Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court’s condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group’s equality claims constitute animus? Does the concept of animus have roots in the Constitution? [This book] engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. [The author] analyzes some of the modern Supreme Court’s most important discrimination cases through the lens of animus, tracing the concept from nineteenth century legal doctrine to today’s landmark cases, including Obergefell vs. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. [This book] humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus, and why the prohibition against it matters more today than ever in our pluralistic society."--
Contents: Animus, and why it matters -- Class legislation and the prehistory of animus -- Department of Agriculture v. Moreno -- City of Cleburne v. Cleburne Living Center -- Romer and Lawrence -- United States v. Windsor -- What's wrong with subjective dislike? -- Objectively objectionable -- The doctrinal uniqueness of animus -- The elusive search for animus -- How much animus is enough? : and what should we do about it? -- Applying what we have learned -- Obergefell and animus -- Animus doctrine today and tomorrow.