Equal Protection

Definition

Equal protection is a legal principle that requires the government to treat all people equally under the law, regardless of their race, gender, or other protected characteristics. It is a fundamental right guaranteed by the Fourteenth Amendment of the U.S. Constitution and has been a cornerstone of civil rights and anti-discrimination efforts in the United States.

5 Must Know Facts For Your Next Test

1. The Equal Protection Clause of the Fourteenth Amendment requires the government to treat all people equally under the law, regardless of their race, gender, or other protected characteristics.
2. The Supreme Court has interpreted the Equal Protection Clause to prohibit both intentional discrimination and facially neutral laws that have a disproportionate impact on protected groups.
3. Laws that discriminate based on suspect classifications, such as race or national origin, are subject to strict scrutiny, which means the government must demonstrate the law is narrowly tailored to achieve a compelling government interest.
4. Laws that do not involve suspect classifications are subject to rational basis review, where the government only needs to show the law is rationally related to a legitimate government purpose.
5. The Equal Protection Clause has been used to challenge a wide range of laws and government actions, including racial segregation, gender-based discrimination, and unequal treatment of LGBTQ+ individuals.

Review Questions

• Explain how the Equal Protection Clause of the Fourteenth Amendment relates to the concept of civil rights and the identification of civil rights.
  • The Equal Protection Clause of the Fourteenth Amendment is a fundamental civil right that requires the government to treat all people equally under the law, regardless of their race, gender, or other protected characteristics. This principle is central to the identification and protection of civil rights, as it prohibits the government from discriminating against individuals or groups based on their membership in a protected class. The Equal Protection Clause has been a driving force behind many civil rights movements and has been used to challenge a wide range of laws and government actions that violate the principle of equal treatment.
• Describe how the concept of equal protection has been applied to protect other groups, beyond the traditional focus on race and gender discrimination.
  • The Equal Protection Clause has been interpreted to extend beyond just race and gender discrimination to protect other groups as well. The Supreme Court has applied the Equal Protection Clause to prohibit discrimination based on factors such as national origin, alienage, and disability. Additionally, the Court has recognized that the Equal Protection Clause can be used to protect the rights of LGBTQ+ individuals, striking down laws that discriminate against this group. This expansion of equal protection has been a crucial step in ensuring that all individuals, regardless of their membership in a protected class, are treated equally under the law.
• Analyze how the different levels of judicial review, such as strict scrutiny and rational basis review, impact the application of the Equal Protection Clause in different contexts.
  • The level of judicial review applied to laws under the Equal Protection Clause can have a significant impact on the outcome. Laws that discriminate based on suspect classifications, such as race or national origin, are subject to strict scrutiny, which requires the government to demonstrate that the law is narrowly tailored to achieve a compelling government interest. This high bar makes it very difficult for the government to justify such laws. In contrast, laws that do not involve suspect classifications are subject to the more lenient rational basis review, where the government only needs to show the law is rationally related to a legitimate government purpose. This lower level of scrutiny makes it easier for the government to defend laws that may have a disparate impact on certain groups. The application of these different standards of review is crucial in determining whether a law violates the Equal Protection Clause and the degree of protection afforded to various groups.

Related terms

Fourteenth Amendment: The Fourteenth Amendment to the U.S. Constitution guarantees equal protection under the law and prohibits states from denying any person within its jurisdiction the equal protection of the laws.

Strict Scrutiny: A heightened level of judicial review applied to laws that discriminate based on suspect classifications, such as race or national origin, requiring the government to demonstrate that the law is narrowly tailored to achieve a compelling government interest.

Rational Basis Review: A lower level of judicial review applied to laws that do not involve suspect classifications, where the government only needs to show that the law is rationally related to a legitimate government purpose.