B.2(f). Equality of Rights

Everyone is equal under the law. No Person may be treated unequally under the law based on sex, race, religion, beliefs, sexual orientation, gender identity, or any other distinction not grounded in legitimate constitutional purpose. This Charter assumes laws should protect Rights, not take them away. No Right may be restricted unless the Charter authorizes the restriction.

This provision is designed to make it clear: every single person is entitled to equal treatment. They can’t be discriminated against for pink hair, who they love, how long they grow their toenails, who they worship, and so on. It goes on to affirm that the only reason even to make a distinction under the law is if it serves a legitimate constitutional purpose. That open-ended prohibition prevents discrimination against groups no one has thought of yet.

This is important. The Preamble states that the defense of natural rights is the only legitimate reason for the existence of government. If we follow that logic, that means the only constitutionally valid reason for making a distinction under the law is to preserve rights. For example, requiring doctors to have a medical license is based on the protection of the right to life, so it is legitimate. On the other hand, discrimination against people with tattoos serves no purpose in defending rights, so it is illegitimate.

The presumption in favor of rights means that discrimination doesn’t have to be proven. Instead, the government has to justify any differential treatment by showing how it serves to preserve, not eliminate, rights. This is different from current constitutional law, which allows the government to discriminate for any “rational basis.” Administrative convenience or cost savings can’t be used as an excuse for unequal treatment.