The Force of Equal Treatment

Abstract

It is widely accepted that the state ought to treat like cases alike. But what exactly is the force of this requirement of equal treatment? In particular, can treating like cases alike be sufficiently important to justify (and perhaps even require) adopting what would otherwise be a morally unjustified policy? It is these questions, made vivid by Japa Pallikkathayil's original argument that restrictive abortion laws in the United States (and perhaps also elsewhere) are incompatible with the requirement of equal treatment, that this article explores.