Equal Protection versus Equality versus Equal Treatment versus Equity: A Case Study of John (the other John) and Lebron James

Written by John (the other John).

For the purposes of this study, we are comparing John (the other John) (a patriotic straight Anglo-American honkey struggling to earn a living to feed his family) and Lebron James (an oppressed unhappy billionaire who plays with balls). We will briefly compare these two polar opposite people with respects to the principles of Equal Protection, Equality, Equal Treatment, and Equity.

As for Equal Protection (a principle enshrined in the 14 th Amendment of the US Constitution), this means that the government and its laws must be applied equally to all people (both in word and in deed [i.e., in its application]). In other words, it cannot create a system of preferential treatment of people based on whatever criteria (ex., race, gender, ethnicity). To clarify, a written law cannot treat people differently (ex., a statute states that black people are treated differently than white people), nor can a neutral law be applied differently (ex., black people speeding on a highway get pulled over, whilst white people speeding get overlooked and are not pulled over). So basically, all people are protected equally (i.e., treated equally under the laws). So if LBJ burns down buildings and loots and the police kneel to him, then the same should apply to John; and if John were to burn down buildings and loots and is imprisoned as a domestic terrorist, then the same should apply to LBJ; they cannot be treated unequally. (Below we will show how Equal Protection differs from Equality, Equal Treatment, and Equity).

Next, we discuss Equality. This principle is not about the government merely treating people equally, but rather it is the belief that all people are in fact equal (i.e,. identical); so this is where the comparison of John and LBJ with the principle of Equality falls apart. Nobody can look at John and LBJ and say that they are equals/identical of one another (i.e. a facsimile of one another). Optically, you cannot have people who are more opposite of one another (never mind with respects to athletics and academics). So no amount of government intervention can make them equals (absent a sledge hammer to LBJ’s knees to end his athleticism and make him equal to John, and a sledgehammer to John’s head to dumb him down.to the point of making him equal to LBJ). So basically, you need a tyrannical combination of Stalin, AH, and Mao to accomplish this (because individually, these people were unable to accomplish this on their own). Equality does not exist; and if it does somehow exist with some people, then we can consider that a fluke of nature.

Next, is Equal Treatment by private actors (as opposed to the government, which is discussed above under Equal Protection). Under this theoretical principle, people themselves would have to treat all people equally. So with our subjects that we are comparing, let’s say (for example) John attempts to attend a nightclub. For starters, the parking valets roll their eyes when they see that they have to park this clunker of a vehicle, and then once the bouncers stop ignoring John they might actually allow him to enter, and then once he is inside all the hot blonde chicks completely ignore him because they are hanging with the athletes, rappers, and criminals (which can be interchangeable with one another). Under the principle of Equal Treatment, then LBJ would get the same treatment as John. But does he? He drives to the nightclub in his fancy foreign sports car or other luxury vehicle, and the parking valets are drooling over him begging for a selfie and a gratuity. Then the bouncers are dropping a load and essentially sucking his cock out of glee to meet him. Then the hot blonde chicks practically f’k him in public because they want to be his “baby mamma” and get a huge monthly child support check from him. So under the principle of Equal Treatment, both John and LBJ would have private actors treat them equally (whether ignored equally or whether both f’kd in public equally). But can they in reality be treated equally? No chance in hell, absent a tyrannical combination of Stalin, AH, and Mao to accomplish this.

Finally, we have Equity. This is the easiest of all; black people good, white people bad; black people oppressed/victims, white people oppressors/villains. So naturally, Equity favours LBJ over John.

Many people use these terms interchangeably (whether negligently, or whether intentionally to fool us), but in fact they are stunningly different. The Founders, Framers, and subsequent political actors of the US no doubt were aware of the distinction of these terms, which is why the principle of Equal Protection was chosen, because true Equality cannot exist in nature.[1]

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1. After all, the discrimination committed by humans pales in comparison to the discrimination committed by nature. (Just look at John and LBJ, and tell me whom did nature give the optical edge to).

Photo: Wikimedia Commons / amac.us