On Equal Treatment
Life is many things. For instance, it is famously ironic – no one escapes alive. But life is not fair. Humanity is inherently unequal. To wit, the same God who made Brad Pitt made Danny Devito.
Fairness is a subjective illusion, for no two individuals or environments are equal. Attempts to create fairness only shift unfairness’ burden. Even where necessary or justifiable – and there is never a consensus as to when shifting the burden of unfairness is justifiable – doing so is nevertheless unfair.
In an unfair world equal treatment is the least unfair policy, and may be the only equality society can provide. Equal treatment should be the policy of individuals and private institutions. The equal protection components of the Fifth and Fourteenth Amendments require that equal treatment be the policy of government and and public institutions. Equal treatment rises above every brutish form of collectivism and treats people as individuals, without regard to color, class, or creed. Equal treatment ensures us the dignity of rising, falling, failing, and achieving, on our respective fortune and merit. We can neither give nor ask for more.