Unfortunately, the American conception of equality seems to operate on a sixth-grade level. We understand that disparate treatment is wrong, but we have a harder time reckoning with more insidious forms of bigotry. We believe we're a meritocracy and that as long as there aren't laws directly marginalizing certain groups of people, then our nation is a fair one where all of us have equal opportunities. Much of the public and many of our courts are sympathetic to relatively simplistic arguments based on legal equality: laws that treat some people differently than others are bad. Of course, many laws that treat some people differently than others are bad, but battling discrimination is more complicated than that.' — Jill Filipovic