Equality laws aim to provide equal legal treatment and protection for specific groups. They have a complex history and are created to protect groups that have experienced unequal treatment. Declarations of equality principles do not always translate into comprehensive equality law. Equality laws can codify equal treatment in various areas, such as labor, housing, marriage, and voting. The pursuit of full equality under the law is ongoing, with ongoing debates about protected rights for various groups.
An equality law is one that seeks to ensure equal legal treatment or protection for a designated group or class. Equality laws have a long and complex history, as there has rarely been a time in human history when all people in a jurisdiction have actually been given and guaranteed equality before the law. There are many different types of equality law, which are usually created to consolidate the protection of a group that has experienced unequal treatment under previous legal structures.
Many nations and legislative bodies declare the importance of equality as part of the fabric of their legislation. In the United States Declaration of Independence, the Founding Fathers clearly stated that “All men are created equal.” Similarly, the United Nations Universal Declaration of Human Rights states that “All are equal before the law and are entitled without any discrimination to the equal protection of the law.” Equality laws, as a concept, have existed at least since ancient Greek times, when the Athenian statesman Pericles proclaimed his pride that poverty and social standing did not bar equal access to Athenian law.
Unfortunately, impassioned declarations of equality principles do not always translate into comprehensive equality law. The Declaration of Independence has been conveniently interpreted to refer exclusively to adult, land-owning Caucasian men; the abolition of slavery and the right to vote for women and people of color took another two centuries beyond the heartfelt Declaration. Even the much-quoted Pericles’ funeral oration overlooks the fact that slaves, women and children were afforded little equality in Athens or anywhere else in the ancient world. Equality laws, therefore, are usually created in an attempt to reconcile legal codes with equality claims.
An equality law can codify the equal treatment of any class or group of citizens in almost all areas covered by the law. Labor laws, for example, may prohibit employers from discriminating on the basis of gender, sexual preference, race, age, disability status or religious belief. Housing laws may prohibit landlords from similar discriminatory practices. Marriage equality laws can grant same-sex couples the same legal benefits that already exist for heterosexual couples. Voting laws can guarantee the right to vote for any adult citizen, regardless of race, gender or religion.
The pursuit of full equality under the law is an ongoing practice in the 21st century, even in countries that strongly support a national message of equality. Children’s activist groups, for example, argue that the right to vote is granted arbitrarily and unfairly only to adults, while those under the age limit are subject to the law even if they have no say in the law. Feminist activist groups argue against laws that make it a sexual offense for women to sunbathe topless, while men are not subject to that law. The fight for protected rights for gay and lesbian couples remains a hotly contested debate in the 21st century, creating perhaps the clearest example of the continuing quest for comprehensive equality law.
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