Why aren't all forms of discrimination unconstitutional? In what cases might it make sense for the government to discriminate between types of people?
The constitutional amendment that protected against discrimination specifically prohibited discrimination based on certain classes, such as race and ethnicity. It would be impossible to prevent all discrimination, as not all is bad. For example, the state discriminates against the rich when offering Section 8 benefits. Only people who make below a certain income are eligible for reduced rate housing. It would be impossible and undesirable to offer reduced rate housing to everyone, so it is limited only to those that need it. However, if the state attempted to offer housing benefits only to people of a certain religion, it would be unconstitutional.
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