Essay Example on Equal Rights: Ensuring Inclusivity and Equal Treatment for All

Equal rights refer to the idea that all people should have the same treatment concerning the constitution, as detailed in the constitution. That is whereby all individual is governed on the same basis, without reference to their gender, race of any other differences. The phrase "we the people" highlights the aim of the constitution to enhance the inclusivity of all parties, whereby all people are treated equally without reference to their unique differences. That aspect of equality brings about the 14th amendment, whereby all the individuals that were naturalized or born in America were assured of equal protection by the constitution, as illustrated by Schwartz and Bernard. Before the amendment, many people were not protected by the constitution; for example, the African-Americans, women, and Native Americans were not fully considered and included. Thus, the 14th amendment was a win for the struggle for fairness, inclusion, and equality. Becoming part of the "We" was thus enhanced by the provisions of the ratification of the 14th amendment. That was through addressing key issues about equality like equal representation by the law and rights of all citizens.

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At the heart of equality, was slavery, which was the primary cause of inequality among citizens in the United States. That was because earlier, the slaves were considered as inferior to the other people, and could not be protected by the same rights as the rest of the community. In 1865, after the civil law, there emerged the constitutional problem of slavery, which had been unsettled by founding fathers. The issue was such a significant concern as there were two parties, which were against and for the abolition of slavery and equal rights for all people. The slaves had to rights and liberties, which were enjoyed by the rest of the Americans. Most of the founding fathers were slaveholders, for example, Madison, and Washington. However, the republicans were against the issue of slavery and were determined to get rid of it. That brought about the 13th amendment, which was spearheaded by Abraham Lincoln. The ratification of the amendment freed slaves, which promoted equality for all people. However, there was a significant setback when the old regime in the south had its power regained; it passed some amendments which restricted the rights of slaves. Republicans, however, were determined to make sure that equality was restored, for example, undoing of some court rulings to restore equality.

Equal protection is guaranteed by the 14th amendment, whereby, for example, an individual was free to marry a partner that was of a different race without any problem. That was because marriage was considered to be one of the civil rights that were basic for man; hence one was free to choose who to marry as part of the equal protection campaign. The equal protection policy led to the amendment of laws and overturning or rulings, for example, one in Virginia that was against inter-racial marriages. That was all based on the 14th amendment's equal protection clause, which protected the right to marry anyone of any race or gender. However, the 13th and 14th amendments did not provide equality on all bases. For example, you should be above a certain minimum age to drive, or restrictions on the blind concerning driving.

Furthermore, voting rights were not equal, as freed slaves and women had to wait until the 15th and 19th amendments, respectively. According to Call and Joseph, the same rights also did not protect convicts, as they were denied the right to vote. The changes were primarily meant for the protection of minority rights; however, many individuals are deprived of those fundamental rights. It is thus evident that despite the amendments and campaigns, total equality is quite far from being attained. The assurance of equal protection has, therefore, been a slow process for the parties that needed equal rights.

In the quest to increase diversity in education and wiring of employees, there was affirmative action, so that there is inclusivity in all sectors. However, the primary issue here was that giving preference to one group deprived another of opportunities, which increased inequality. In this case, the trade-off was a reduction of job opportunities of the majority group to cater to the inclusivity and equality of the minorities.

That led to a discrimination suit, whereby the majority group accused the authorities of discrimination on the basis of their color, which was brought about as a result of the effort to enhance equality. That is a highlight of one of the struggles that the quest for equality faces, different interpretations by different groups. For the majority, it is viewed as a scheme to deprive them of their opportunities. On the other side of the minority, it is considered to be an excellent undertaking meant to enhance equality in hiring and education. The proponents of the idea against equality prefer a recruitment process that is based on competency and not an individual's race. This difference in interpretation of the basis of equality acts as an inconvenience in the achievement of justice in society. Another difference in the interpretation of equality emerged concerning illegal immigrants, who were required to pay for public facilities such as education in public schools. However, this was termed as a violation of provisions of the 14th amendment, as there was no justification of discrimination against immigrants based on race. According to a court decision, all people were entitled to education and other facilities, just as the natives enjoyed them. That is a highlight of the role of the 14th amendment in championing for equality of all individuals in society, regardless of origin.

Privacy is another issue that is part of the equality discussion, whereby an individual is free to do whatever they want to, provided it is consistent with the constitution. In this case, marital issues such as contraception came to light, whereby one was free to use birth control as they saw fit. However, there was s controversial issue with regard to abortion, which was inconsistent with the general interests of a section of the society. Abortion was legalized, as it was consistent with the interests of part of the nation, as well as being an issue of privacy, which the constitution protected. The point of abortion and gay marriage highlights problems that the community faces at the moment, which the founding fathers did not forecast when they were coming up with the constitution. Thus, it is necessary to have constitutional amendments with regard to the changes that society is having, which were not earlier taken care of by the constitution. The 14th amendment also touches on economic liberty, whereby it is against the interests of monopolies that were protected from the competition as a result of some laws. It was ruled that it is a constitutional right of an individual to engage in business as part of economic freedom.

Over time, the constitution has evolved concerning championing the equality of individuals in society. That started from the racial perspective and has now incorporated other interests, such as human welfare and trade. However, this has come under fire of opposing parties, which hold different opinions about equality. The majority rule is inclined towards protecting the rights of their people, while minority rights, as well as freedoms, are likely to be violated in the process. For example, competence is considered as a primary factor for hiring, which might not be consistent with the equality of races. Moreover, some people have interests that they need to be protected. These were diluted as a result of the equality that is championed for by the constitution through several amendments. Despite the different views about the constitution and equality, the major take away is that it has led to a better society, which considers all people as equal and has respect for their rights.

References

Schwartz, Bernard, ed. The Fourteenth Amendment: Centennial Volume. New York University Press, 1970.

Call, Joseph L. "The Fourteenth Amendment and Its Skeptical Background." Baylor L. Rev. 13 (1961): 1.