A Class Bias in rights Litigation? A Different Take on Kim Davis//Mark Graber // Balkinization

Balkinization: A Different Take on Kim Davis

by Mark Graber

Put more broadly and more polemically, the fuss over Kim Davis demonstrates that the Constitution of the United States remains an effective means of combatting governmental policies that inflict stigmatic harm on members of the upper-classes, but a far less effective means of combatting government policies that inflict material deprivation on the lower classes. Consider simply the following. Who is likely to be inconvenienced more in a red state, A same-sex couple wanting to exercise their constitutional right to be married or a poor women more than twelve weeks pregnant who has decided to exercise her constitutional right to have an abortion.