🕊️Civil Rights and Civil Liberties Unit 3 – Equal Protection: Legal Rights for All

Key Concepts and Definitions

• Equal Protection Clause of the 14th Amendment guarantees all citizens equal protection under the law
  • Prohibits discrimination based on race, gender, national origin, and other protected classes
• Discrimination involves treating individuals or groups differently based on certain characteristics
• Disparate impact occurs when a seemingly neutral policy disproportionately affects a protected class
• Strict scrutiny is the highest level of judicial review applied to suspect classifications (race, national origin)
  • Requires the government to demonstrate a compelling interest and narrowly tailored means
• Intermediate scrutiny is applied to quasi-suspect classifications (gender)
  • Requires the government to show a substantial relationship to an important governmental objective
• Rational basis review is the lowest level of scrutiny applied to non-suspect classifications
  • Government action must be rationally related to a legitimate governmental interest

Historical Background

• 14th Amendment adopted in 1868 after the Civil War to address racial discrimination
  • Overturned Dred Scott v. Sandford (1857) which held that African Americans were not U.S. citizens
• Plessy v. Ferguson (1896) upheld "separate but equal" doctrine allowing racial segregation
• Brown v. Board of Education (1954) overturned Plessy, declaring segregation in public schools unconstitutional
• Civil Rights Act of 1964 prohibited discrimination based on race, color, religion, sex, or national origin
  • Expanded equal protection beyond state action to private entities
• Voting Rights Act of 1965 banned discriminatory voting practices and ensured equal voting rights

Constitutional Foundations

• Equal Protection Clause in the 14th Amendment is the primary constitutional basis for anti-discrimination law
  • Applies to state and local governments through incorporation via the Due Process Clause
• 5th Amendment's Due Process Clause provides equal protection against federal government discrimination
• 13th Amendment abolished slavery and involuntary servitude
• 15th Amendment prohibited denial of voting rights based on race, color, or previous condition of servitude
• 19th Amendment granted women the right to vote
• 24th Amendment banned poll taxes as a prerequisite for voting
• 26th Amendment lowered the voting age to 18

Landmark Court Cases

• Strauder v. West Virginia (1880) held that excluding African Americans from juries violated equal protection
• Korematsu v. United States (1944) upheld Japanese American internment during World War II
  • Criticized as a failure to protect against racial discrimination
• Loving v. Virginia (1967) struck down state laws banning interracial marriage
• Regents of the University of California v. Bakke (1978) upheld affirmative action in higher education
  • Rejected racial quotas but allowed race as a factor in admissions
• United States v. Virginia (1996) found Virginia Military Institute's male-only admissions policy unconstitutional
• Obergefell v. Hodges (2015) legalized same-sex marriage nationwide under the 14th Amendment

Types of Discrimination

• Racial discrimination involves unequal treatment based on race or skin color
• Gender discrimination occurs when individuals are treated differently based on their sex or gender identity
  • Includes discrimination against transgender and non-binary individuals
• National origin discrimination involves unequal treatment based on an individual's country of origin
• Religious discrimination occurs when individuals are treated differently based on their religious beliefs or practices
• Age discrimination involves unequal treatment based on an individual's age
  • Age Discrimination in Employment Act (ADEA) protects workers 40 and older
• Disability discrimination occurs when individuals with physical or mental impairments are treated unfairly
  • Americans with Disabilities Act (ADA) prohibits discrimination and requires reasonable accommodations

Levels of Scrutiny

• Courts apply different levels of scrutiny when evaluating equal protection claims
• Strict scrutiny is the most rigorous standard, applied to suspect classifications like race and national origin
  • Government must show the classification is necessary to achieve a compelling state interest
  • Classification must be narrowly tailored to achieve that interest
• Intermediate scrutiny is applied to quasi-suspect classifications like gender
  • Government must demonstrate the classification is substantially related to an important governmental objective
• Rational basis review is the default standard for non-suspect classifications
  • Classification must be rationally related to a legitimate governmental interest
  • Highly deferential to the government, most laws pass this test

Modern Applications and Challenges

• Affirmative action policies in education and employment aim to promote diversity and address past discrimination
  • Challenged as "reverse discrimination" against majority groups
• Disparate impact theory allows challenges to policies with discriminatory effects, even without discriminatory intent
  • Controversial due to potential for unintended consequences and burden on defendants
• Intersectionality recognizes that individuals may face multiple, overlapping forms of discrimination
  • Challenges courts to consider the unique experiences of those with intersecting identities
• Algorithmic bias can perpetuate discrimination through machine learning and artificial intelligence
  • Raises questions about liability and the need for transparency and oversight
• LGBTQ+ rights have expanded through landmark cases like Obergefell v. Hodges and Bostock v. Clayton County
  • Ongoing debates over religious exemptions and transgender rights

Impact on Society and Policy

• Equal Protection Clause has been instrumental in dismantling legalized discrimination and promoting equality
  • Desegregation of schools, public facilities, and housing
  • Expansion of voting rights and political participation
• Anti-discrimination laws have increased access to education, employment, and public accommodations
  • Title VII of the Civil Rights Act prohibits employment discrimination
  • Title IX prohibits sex discrimination in education programs receiving federal funds
• Affirmative action has increased diversity in higher education and certain professions
  • Controversial due to concerns about fairness and unintended consequences
• Disparate impact theory has been used to challenge policies with discriminatory effects in housing, lending, and employment
  • Led to changes in hiring practices, credit scoring, and zoning laws
• Equal protection principles have influenced social movements and public discourse
  • Civil rights movement, women's rights movement, LGBTQ+ rights movement
  • Ongoing efforts to address systemic racism, gender inequality, and other forms of discrimination