| Argument: |  It's more progressive to recognize differences than insist on equality |
| Node type: |  This node supports its parent | Parent node: | The thesis is the parent |
| Node Text: | Recognition can show perceptiveness and understanding Recognizing differences shows perceptiveness, which is not the same as discrimination. Historically, classifications such as race, gender, religion, nationality, ethnicity, age, disability, and sexual orientation were used to differentiate people for invidious purposes. Due to social and legal norms, these classifications remain suspect when they are referenced today. This holds true even if they are used for a positive purpose such as to ameliorate past injustices. To determine the constitutionality of a law that discriminates based on race, for example, courts must apply a strict scrutiny standard during judicial review. On the other hand, classifications based on gender on require intermediate scrutiny. In short, the level of suspicion with which these classifications are scrutinized may vary depending on popular beliefs of the local community. To recognize these classifications does not always equate to making decisions - whether in favor of or against - based on these classifications. It simply reflects the reality and shows an understanding these classifications should be part of the discussion during the analysis. |
| Node Created: | revisingproust — 2008-05-05 17:12:14 |
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