It would be a violation of the due process and the equal protection under the law.
Explanation:
The fourteenth amendement is based on the conventional interpretation that "justice is blind" and that it should be administered without the implications of race, gender, religious beliefs or ethnicity.
In order for society to run smoothly there has to be the correct balance of social cohesion and social control. By social cohesion, Durkheim meant the extent to which people in society were bound together in common purpose.