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Not every member of every protected class chooses to exercise all of his or her constitutional rights; not all of them want to. The policy was not neutral, the Court held, "because it does not apply to the reproductive capacity of the company's male employees in the same way as it applies to that of the females." Id., at 199. Almost two decades ago, the Court squarely held that the right to enter another State for the purpose of seeking abortion services available there is protected by the Privileges and Immunities Clause, U. Not a word in that opinion suggests that the constitutional protection is limited to impediments that discriminate against nonresidents. With class-based animus understood as I have suggested, the conduct covered by the state hindrance clause would be as follows: a large-scale conspiracy that violates the victims' constitutional rights by overwhelming the local authorities and that, by its nature, victimizes predominantly members of a particular class. 23 The Court's analysis makes sense only if every member of a protected class exercises all of her constitutional rights, or if no rational excuse remains for otherwise invidious discrimination. Hawkins) ("[I]t seems only common sense, that since only women can become pregnant, discrimination against pregnant people is necessarily discrimination against women . The Court concluded that the policy was facially discriminatory. In the Guest case, the Court squarely held that the Federal Constitution protects the right to engage in interstate travel from private interference. The Guest opinion then explained why this history would limit the coverage of 18 U. Like other civil rights legislation, this statute should be broadly construed to provide federal protection against the kind of disorder and anarchy that the States are unable to control effectively. Such a conspiracy, in the terms of the Court's first proposition, may "reasonably be presumed to reflect a sex-based intent." See ante, at 270. Petitioners' blanket refusal to allow any women access to an abortion clinic overrides the individual class member's choice, no matter whether she is the victim of rape or incest, whether the abortion may be necessary to save her life, 21 or even whether she is merely seeking advice or information about her options. This and other evidence could make it clear that the petitioners had suffered from conduct that Congress may reach under its power to protect the right of interstate travel." Griffin, 403 U. In that paragraph, the Court mentions that plaintiffs' federal right to travel may have been "discriminatorily" impaired. And it would have been shocked to learn that its law offered relief from a Klan lynching of an out-of-state abolitionist only if the plaintiff could show that the Klan specifically intended to prevent his travel between the States.
Briefs of amici curiae urging affirmance were filed for the Attorney General of New York et al. Mayer, Assistant Attorneys General, and Mary Sue Terry, Attorney General of Virginia, pro se; for the American Civil Liberties Union et al. The question left open in Griffin - whether the coverage of 1985(3) is limited to cases involving racial bias - is easily answered. It plausibly describes an assumption that intent lies behind the discriminatory effects from which Congress intended 1985(3) to protect American citizens. The conclusion of the District Court that petitioners "engaged in this conspiracy for the purpose, either directly or indirectly, of depriving women seeking abortions and related medical counseling services, of the right to travel," 726 F. The Court is apparently willing to presume discrimination only when opposition to the targeted activity is - in its eyes - wholly pretextual: that is, when it thinks that no rational person would oppose the activity, except as a means of achieving a separate and distinct goal. The first question the Court addressed was whether the policy was facially discriminatory or, alternatively, facially neutral, with merely a discriminatory effect. First, relying on an excerpt from our opinion in United States v. The first reason reflects a mistaken understanding of Guest and Griffin, and the second is unsupported by precedent or reason. That statute had previously been construed to contain a "stringent scienter requirement" to save it from condemnation as a criminal statute failing to provide adequate notice of the proscribed conduct. S., at 785 (Brennan, J., concurring in part and dissenting in part); see also id., at 753-754. 241: "This does not mean, of course, that every criminal conspiracy affecting an individual's right of free interstate passage is within the sanction of 18 U. Thus, even if yarmulkes, rather than Jews, were the object of the conspirators' animus, the statute would prohibit a conspiracy to hinder the constituted authorities from protecting access to a synagogue or other place of worship for persons wearing yarmulkes. The Court offers no justification for its newly crafted suggestion that deliberately imposing a burden on an activity exclusively performed by women is not class-based discrimination unless opposition to the activity is also irrational. Johnson Controls sought to justify the policy on the basis that maternal exposure to lead created health risks for a fetus. Today the Court advances two separate reasons for rejecting the District Court's conclusion that petitioners deliberately deprived women seeking abortions of their right to interstate travel. 745, 760 (1966), the Court assumes that "`the predominant purpose'" or "the very purpose" of the conspiracy must be to impede interstate travel. Second, the Court assumes that even an intentional restriction on out-of-state travel is permissible if it imposes an equal burden on intrastate travel. Indeed, it would be faithful both to Griffin and to the text of the state hindrance clause to hold that the clause proscribes conspiracies to prevent local law enforcement authorities from protecting activities that are performed exclusively by members of a protected class, even if the conspirators' animus were directed at the activity, rather than at the class members. Lasso; for the NAACP Legal Defense and Educational Fund, Inc., by Julius L. Paul; and for 20 Organizations Committed to Women's Health and Women's Equality by Dawn Johnsen, Lois Eisner Murphy, and Marcy J. Briefs of amici curiae were filed for the National Right to Life Committee, Inc., et al. Whatever one thinks of abortion, it cannot be denied that there are common and respectable reasons for opposing it, other than hatred of, or condescension toward (or indeed any view at all concerning), women as a class - as is evident from the fact that men and women are on both sides of the issue, just as men and women are on both sides of petitioners' unlawful demonstrations. Thus, if state law should provide that convicted rapists must be paroled so long as they attend weekly counseling sessions; and if persons opposed to such lenient treatment should demonstrate their opposition by impeding access to the counseling centers; those protesters would, on the dissenters' approach, be liable under 1985(3) because of their antimale animus. the dramatic difference between the language of 18 U. S., at 747 , does not; whereas 1985(3) does explicitly require a "purpose." As for JUSTICE STEVENS' emphasis upon the fact that 1985(3), unlike 241, embraces "a purpose to deprive another of a protected privilege `either directly or indirectly,'" post, at 335: that in no way contradicts a specific intent requirement. 1985(3)," Griffin said that this was not to be confused with a test of "specific intent to deprive a person of a federal right made definite by decision or other rule of law"; 1985(3) "`contains no specific requirement of "wilfulness,'" and its "motivation aspect . While it is always pleasant to greet such old Commerce Clause warhorses as Pike v. But it is clear, in the light of the evolution of decisional law in the years that have passed since that case was decided, that many of the constitutional problems there perceived simply do not exist. The defendants were no less guilty of a class-based animus because they also opposed the cause of desegregation or rights of African-American suffrage, and the Court did not require the plaintiffs in Griffin to prove that their beatings were motivated by hatred for African-Americans. The defendants in Griffin, for example, could not have refuted the claim that they interfered with the right to travel by demonstrating that they indiscriminately attacked local civil rights activists as well as nonresidents. 1989); and New York State National Organization for Women v. As relief on these three claims, the court enjoined petitioners from trespassing on, or obstructing access to, abortion clinics in specified Virginia counties and cities in the Washington, D. The record in this case does not indicate that petitioners' demonstrations are motivated by a purpose (malevolent or benign) directed specifically at women as a class; to the contrary, the District Court found that petitioners define their "rescues" not with reference to women, but as physical intervention "`between abortionists and the innocent victims,'" and that "all [petitioners] share a deep commitment to the goals of stopping the practice of abortion and reversing its legalization." 726 F. Given this record, respondents' contention that a class-based animus has been established can be true only if one of two suggested propositions is true: (1) that opposition to abortion can reasonably be presumed to reflect a sex-based intent, or (2) that intent is irrelevant, and a class-based animus can be determined solely by effect. As to the first: some activities may be such an irrational object of disfavor that, if they are targeted, and if they also happen to be engaged in exclusively or predominantly by a particular class of people, an intent to disfavor that class can readily be presumed. But opposition to voluntary abortion cannot possibly be considered such an irrational surrogate for opposition to (or paternalism towards) women. Respondents' case comes down, then, to the proposition that intent is legally irrelevant; that, since voluntary abortion is an activity engaged in only by women, 2 to disfavor it is ipso facto to discriminate invidiously against women as a class. On that analysis, men and women who regard rape with revulsion harbor an invidious antimale animus. 241" and that of 1985(3), in that the former "includes an unequivocal `intent' requirement." Post, at 335. The second paragraph of 241 does contain an explicit "intent" requirement, but the first paragraph, which was the only one at issue in Guest, see 383 U. focuses not on scienter in relation to deprivation of rights, but on invidiously discriminatory animus." Griffin, 403 U. We cite right-to-travel cases for our position; he cites nothing but negative Commerce Clause cases for his. "for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws. When the Griffin Court rejected its earlier holding in Collins, it provided both an "authoritative construction" of 1985(3), see ante, at 289 (SOUTER, J., concurring in part and dissenting in part), and a sufficient reason for rejecting the doctrine of stare decisis whenever it would result in an unnecessarily narrow construction of the statute's plain language. Hardyman was correctly decided on its own facts is a question with which we need not here be concerned. A parallel construction of post-Civil War legislation that, in the words of Justice Holmes, "dealt with Federal rights and with all Federal rights, and protected them in the lump," United States v. When such an animus defends itself as opposition to conduct that a given class engages in exclusively or predominantly, we can readily unmask it as the intent to discriminate against the class itself. Griffin, for instance, involved behavior animated by the desire to keep African-American citizens from exercising their constitutional rights. The fact that an impermissible burden is most readily identified when it discriminates against nonresidents does not justify immunizing conduct that evenhandedly disrupts both local and interstate travel.