Article:
C. Edwin Baker, Neutrality, Process, and Rationality: Flawed Interpretation of Equal Protection, 58 Texas L. Rev. 1029 (1980).

Abstract:
In this Article, the author argues that judicial doctrines and academic commentary surrounding the equal protection doctrine can be divided into three major approaches to the meaning of equal protection. The author labels these categories the neutrality, outcome equality, and equality of respect approaches. In this and a subsequent article, the author attempts to analyze each of these approaches and investigate their underlying assumptions, with the goal of demonstrating how equal protection doctrine should develop.

Here, the author begins be examining the neutrality model. The author concludes that there are fundamental flaws in the underlying theory that make the neutrality model unworkable and unjustifiable. Finally, the author argues that the Supreme Court does not in fact rely on this model.