akuma587 said:
Kasz216 said:
akuma587 said:
Nothing can be 100% equal. The Constitution doesn't guarantee equal results, just equal protection. Its more about equal access under the law. Not all schools can be equal as they would have to be identical to be truly equal. Its more about equal access. Minorities can go to whatever school they want if they live in that school district. And in many states it doesn't matter if you live in that school district or not. Before Brown, that couldn't happen.
So, yes, this does implicate the Equal Protection Clause potentially because it is about equal access under the law.
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Yeah... that was exactly my point above. In the real world something like schools can never be perfectly equal.
However this isn't true with the law. Which isn't something built of stone and people.
A Gay Marriage, A straight marriage hell even a black marriage or a "under 5'2" marriage would all be actually equal. Because they would be identical. With different names.
There is nothing really legally wrong with it. It's just kinda silly.
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I think you just misread the holding:
The segregation of children in public schools solely on the basis of race, even though the physical facilities and other tangible factors may be equal, deprives the children of minority group of equal educational opportunities, and amounts to a deprivation of the equal protection of the laws guaranteed by the Fourteenth Amendment to the Federal Constitution. U.S.C.A.Const. Amend. 14.
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Yes there is something intangiable that is unequal. Something unmeasurable that causes the equal educational oppututnity to not be equal.
In regards to something like the law... this isn't relevent... since the law is simply a mechanism.
