Title: 19-01pp.667
1. Which Supreme Court justice argued that the “Constitution is color–blind,” in his dissent in
Plessy v. Ferguson?
2. Which of the following statements best describes the Court’s decision in Sweatt v. Painter?
3. In Brown II, the Court said that the primary duty of implementing the decision and ending
school segregation rested with what political body?
4. Which amendment, known as the Equal Rights Amendment, states, “Equality of rights under
5. Which future Supreme Court justice argued before the Court in Reed v. Reed?
6. In Craig v. Boren, what test did a majority of the Court agree on for examining sex
discrimination cases?
7. Which of the following statements is true?
8. In discrimination cases based on economic status, what test has the Court used when a
“fundamental” right, such as the right to vote, has been involved?
9. What category of litigation has the Court appeared to be less willing to strike down sex-based
laws?
10. Which of the following statements is true?
11. Which of the following characteristics makes an affirmative action or minority set-aside
program less likely to be found constitutional?
12. Jim Crow laws _______.
13. In Rostker v. Goldberg the Court _______.
14. Romer v. Evans _______.
15. What did the majority opinion of the Court consider to be “the underlying fallacy” of the
plaintiff’s argument in Plessy v. Ferguson?
16. What equal protection test did the majority of the Court use in San Antonio Independent
School District v. Rodriguez? Why did the Court settle on this test?
17. Why might a litigant in an age discrimination case have a harder time winning his or her case
than a defendant in a racial discrimination case?
18. In the two University of Michigan affirmative action cases, why did the Court rule against
the University of Michigan in Gratz v. Bollinger but for the university in Grutter v. Bollinger?
19. Explain the rationale the Court used in Windsor to strike down the Defense of Marriage Act.
How did the dissenters react to this argument?
20. Some people argue that the Fourteenth Amendment’s equal protection clause simply requires
states to prohibit discrimination. Others argue that states need to take active, positive, and
remedial steps to compensate for the effects of past discrimination. How have different
government actors attempted to actively make up for past discrimination? How has the Court
responded to these efforts over the years? How have different points of view on the Court been
justified (i.e., how have the justices interpreted the Constitution differently)?
21. Since ratification of the Fourteenth Amendment in 1868, the Supreme Court has been asked
to decide what kinds of discrimination violate the Constitution. First, what specific part of the
amendment applies to discrimination? Second, since 1868 how has the Court’s interpretation of
this part of the amendment and race discrimination more generally changed, if at all? What
factors do you think have been important in the Court’s decision making to cause it either to
change course or maintain the status quo? In your essay, you need to bring in the cases on
discrimination that we have read and/or discussed in class to support your argument. Please do
not simply write a chronological summary of the cases, however. Instead, and you should use
details about the specific cases to elaborate and enrich your essay.
22. Bayport University (a publicly run university) has a stringent nondiscrimination policy that
includes penalties for discrimination based on race, gender, religion, ethnic origin, or sexual
orientation. In 2005 a group of students from the campus LGBT (lesbian, gay, bi-sexual, and
transgendered) student association asked the university to add transgendered individuals to the
list of groups protected from discrimination. The students sought such action because, as one
member of the LGBT community put it, there is an “attitude of discrimination and prejudice
regarding transgender issues,” at the school, particularly within the administration. The
university responded by arguing that, “Bayport is a safe and supportive place for people of all
walks of life, regardless of their sexual orientation, race, religion, or gender.” The dean of
students was also quoted as saying that “no discrimination or harassment will be tolerated.”
Ultimately, the university did not add transgendered individuals to its list of protected groups.
The current case stems from a controversy that arose during the time the LGBT community was
focused on changing university policy. Mary Weather, a biological female who identifies as male
and has begun taking hormones as part of his gender transition, was on a waiting list for on-
campus housing. The director of campus housing informed Weather that should student housing
become available for him, it would be with a female roommate. At one point, Weather requested
to live with a male friend, but the campus has a strict policy against opposite-sex living
arrangements. The administration argued that the problem would simply “go away” because
Weather was not guaranteed on-campus housing due to his high lottery number. However,
Weather also allegeds that throughout his attempts to secure appropriate housing he was
repeatedly treated disrespectfully by a several administrators and staff members, including the
president, who informed him the university “has no interest in helping a transgendered student
find housing.”
Weather sued the university for its discriminatory practice but lost at trial. On appeal, however,
the Ninth Circuit Court reversed the trial court, holding that, people from the LGBT community
deserve the same protections as everyone else who attends a public university. Bayport appealed
to the U.S. Supreme Court, asking it to add transgendered people to the class of citizens
protected by the strict scrutiny test. If you were a justice on the U.S. Supreme Court and this case
came before you, how would you rule?