ABSTRACT
The chapter deals with the emotional aspect of "the right to equal protection of the laws in a democratic society" or in other words, the Right to Democratic Belonging. It explains that the right to minimum comfortable belonging in a community of equals is a by-product of the rights to secure and/or "free-identity" belonging in a community of equals. The chapter indicates that the emotional harm from prejudice, stereotype, dominance and forced assimilation and disrespect of identity can be seen in some main pillars of anxiety. It describes discomfort for any judge or policymaker who disregards the reports of experts over anxiety, when anxiety is at stake during the judicial review or policy making over the right to equal belonging. The judge should do this within the extent the separation of powers in a constitutional democracy permits in such a case. Experts may also have ideologies and agendas. Both policymakers and judges need to protect constitutional rights.
