A financial adviser has served a client for several years. When the client informs her that he plans to marry his gay partner and wants to add his future spouse as a beneficiary on his investments, the adviser shows surprise because she had believed that her client was heterosexual. The adviser speaks a hateful insult and informs the client that she will no longer handle his investments. The client turns to a national LGBTQ advocacy group and, with their support, sues the financial advisor for discrimination.
Answer
A
The First Amendment protects individual freedom of expression.
B
The 14th Amendment guarantees equal protection of the laws.
C
Article IV, Section 2, protects all privileges and immunities in several states.
D
The 10th Amendment reserves powers not delegated to the federal government “to the States, or to the people.”
Explanation
The 14th Amendment’s Equal Protection Clause requires states to provide equal protection under the law and is the constitutional provision most closely related to a discrimination claim. The First Amendment protects expression, but it does not give an adviser a right to discriminate in providing services. A legal claim against a private adviser may also depend on other laws, since the 14th Amendment generally applies to government action.
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