So activity that takes place outside the laws invalidates the protections that the laws afford. Indeed, it is only at the institutional level where different treatment is not allowed is a society with equal rights under the law. The government cannot discriminate against people and treat them differently. However, laws have defined how the idea of "equal rights under the law" is applied, so that even today governments discriminate against gay people who want to get married, treating them differently from straight people. While I see that sometimes pragmatic considerations might arise, like affording one's daughters more protections, I do not feel that there should be institutionalization of different treatment if the nation truly wants to promise that all people will be equal under the law.
Where there are pragmatic considerations, I think it is reasonable to treat people differently. This world rewards people for what they contribute to it -- in theory, anyway -- so it is reasonable for more intelligent people to be moved into tougher classes at school to accelerate their abilities. To do otherwise would be to hold back their progress, something that does nobody any good.
There is also a difference to me...
A person is born into a certain gender, race, age, and most disabilities are not at all the fault of the person. It seems wrong to afford people different treatment based on these factors that people cannot help. For other things, that is a different matter. Citizenship status, for example, is a construction of mankind specifically to afford different treatment to people. In addition, people often have control over other factors. We might treat an alcoholic differently because he chose that path, but we might also seek a more just society where we have compassion even for those who choose things they shouldn't. To me, however, how we treat people will always be based on something. Usually it is only based on what the person does or says, because we judge mostly on character. When we judge on other things, that is a negative way to approach our fellow humans. All should have equal rights under the law, and only when pragmatic concerns -- such as responses to unlawful behavior -- are taken into consideration should we allow ourselves to treat people differently. Even then, we should be aware that we are doing it, and understand exactly why.
