|
to advance policies that are 'in the public interest' that give preference to a group of people, as long as entry into that group of people is not done on a discrimantory manner.
For example it is well established that areas with high home ownership have lower crime rates. Therefore the government undertakes significant tax and other policies to make it easy for first time home owners to buy property. Home owners have the 'right' to deduct interest payments etc.
For the same reason the goverment has an interest in promoting stable family units.
The argument against 8 was that the government established these 'rights' or privledges and then excluded one group of people from ever gaining access to them = a violation of the 14th ammendment of equal protection.
The government has the right to enact policies that will help various groups, public transportation users, married couples, homeowners, for example, but they do not have the right to restrict entry into these groups based on race, sex, sexual orientation etc.
|