Full Question:
Which of the following constitutional defenses to this prosecution under the 1880 statute would be the LEAST likely to succeed?
A. This statute is vague and, therefore, violates the due process clause of the Fourteenth Amendment.
B. This statute is an establishment of religion and, therefore, violates the due process clause of the Fourteenth Amendment.
C. Application of this statute to Doe denies him equal protection of the laws in violation of the Fourteenth Amendment.
D. Application of this statute to Doe denies him freedom of speech in violation of the Fourteenth Amendment.
Answer:
C. Application of this statute to Doe denies him equal protection of the laws in violation of the Fourteenth Amendment.
Step-by-step explanation:
The fourteenth amendment was adopted in 1868 to tackle equal protection and citizenship rights for all former slaves right after the civil war. The first section of the amendment includes: Due Process Clause, the Citizenship Clause, Equal Protection Clause and Privileges or Immunities Clause. The equal protection clause is of the idea that all citizens will be treated equally under the law, therefore every individual will be judged by the law equally under same condition and circumstance. Going by this, the owner of the manufacturing firm may not use the equal protection clause as his defense.