The Role of the Courts in Securing Welfare Rights and ...

Welfare Law Centerfor a “right to life” or “right to minimum subsistence benefits,” but as we discuss later in thispaper, those hopes were dashed long ago. But we turn now to the equal protection clause, wherethere have been some successes, notably in invalidating welfare laws denying benefits to newstate residents, and discriminating against unemployed mothers, non-citizens, and families inwhich the parents were unmarried. There also have been disappointments.It is important to note that state courts also have the power to interpret the federalconstitution and there have been some victories. In addition, state courts can interpret their ownstate constitutional which generally have provisions on equal protection and due process, andsome state courts will provide protections under state constitutions that go beyond the federalconstitutional protections. 66May 1999⋅ 26 ⋅