Equal Protection of the Laws

Definition

Equal Protection of the Laws is a constitutional guarantee embodied in the Fourteenth Amendment to the U.S. Constitution, which states in relevant part that “no State shall … deny to any person within its jurisdiction the equal protection of the laws.” The essential purpose of this constitutional doctrine is to ensure that the laws and the government treat all persons alike, unless there is some substantial reason why certain persons or classes of persons should be treated differently.

Examples

Race-Based Discrimination: In Brown v. Board of Education (1954), the Supreme Court ruled that racial segregation in public schools violated the Equal Protection Clause because it was inherently unequal.
Gender Discrimination: In United States v. Virginia (1996), the Supreme Court held that Virginia Military Institute’s male-only admissions policy violated the Equal Protection Clause as it discriminated on the basis of gender without an exceedingly persuasive justification.
Marriage Equality: In Obergefell v. Hodges (2015), the Supreme Court ruled that state bans on same-sex marriage violated the Equal Protection Clause because they denied same-sex couples the same legal treatment as opposite-sex couples.

Frequently Asked Questions

What is the Equal Protection Clause?

The Equal Protection Clause is part of the Fourteenth Amendment to the U.S. Constitution and prohibits states from denying any person within their jurisdiction the equal protection of the laws.

How does the Equal Protection Clause protect individuals?

It ensures that laws and governmental actions do not discriminate unreasonably between different groups of people unless there is a substantial or compelling reason to treat people differently.

What is “strict scrutiny”?

Strict scrutiny is the highest standard of review used by courts to evaluate the constitutionality of state actions that classify individuals based on race, religion, or national origin. Under this standard, the state must show that the law or policy serves a compelling state interest and is narrowly tailored to achieve that interest.

What is “intermediate scrutiny”?

Intermediate scrutiny is a standard of review used for classifications based on gender or legitimacy. Under this standard, the state must show that the law or policy serves an important government interest and is substantially related to achieving that interest.

What is the “rational basis test”?

The rational basis test is the lowest standard of review used by courts, applied to most other classifications. The state must show that the law or policy is rationally related to a legitimate government interest.

Due Process Clause: A clause in the Fourteenth Amendment guaranteeing that states will not deprive any person of life, liberty, or property without due process of law.
Strict Scrutiny: A judicial review standard requiring the government to prove that a law serves a compelling state interest and is narrowly tailored to achieve that interest.
Intermediate Scrutiny: A standard of review that requires laws to serve an important government interest and be substantially related to that interest.
Rational Basis Test: A standard of review where laws are presumed constitutional as long as they are rationally related to a legitimate government interest.

Online Resources

Suggested Books

“Equal Protection and the African American Constitutional Experience: A Documentary History” by Robert P. Green Jr.
“The Fourteenth Amendment and the Privileges and Immunities of American Citizenship” by Kurt T. Lash
“We the People: A Brief Introduction to the Constitution and Its Origin” by Lewis Black
“Constitutional Law: Principles and Policies” by Erwin Chemerinsky

Fundamentals of Equal Protection of the Laws: Constitutional Law Basics Quiz

### Which amendment to the U.S. Constitution contains the Equal Protection Clause? - [ ] Fifth Amendment - [x] Fourteenth Amendment - [ ] First Amendment - [ ] Tenth Amendment > **Explanation:** The Equal Protection Clause is located in the Fourteenth Amendment of the U.S. Constitution. ### What is the primary purpose of the Equal Protection Clause? - [ ] To allow states to enact any laws they see fit. - [ ] To provide financial aid to states. - [x] To ensure that the laws and government treat all persons alike unless there is a valid reason to treat them differently. - [ ] To establish federal laws over state laws. > **Explanation:** The primary purpose of the Equal Protection Clause is to ensure that the laws and government treat all persons alike unless there is a substantial reason for differentiation. ### Which of the following cases ruled that racial segregation in public schools violated the Equal Protection Clause? - [ ] Roe v. Wade - [ ] Marbury v. Madison - [x] Brown v. Board of Education - [ ] Miranda v. Arizona > **Explanation:** Brown v. Board of Education (1954) is the landmark case that ruled racial segregation in public schools violated the Equal Protection Clause. ### Under the strict scrutiny standard, which of the following must a state prove? - [ ] The law serves a legitimate government interest and is rationally related to it. - [ ] The law is related to an important interest. - [x] The law serves a compelling state interest and is narrowly tailored to achieve that interest. - [ ] The law does not discriminate randomly. > **Explanation:** Under the strict scrutiny standard, the state must prove the law serves a compelling state interest and is narrowly tailored to achieve that interest. ### Which standard of review is applied to classifications based on gender? - [ ] Rational basis test - [x] Intermediate scrutiny - [ ] Strict scrutiny - [ ] Heightened scrutiny > **Explanation:** Intermediate scrutiny is applied to classifications based on gender. The law must serve an important government interest and be substantially related to achieving that interest. ### What must a law pass under the rational basis test? - [ ] Show it directly harms a class of citizens. - [ ] Prove a compelling interest limitation. - [x] Demonstrate it is rationally related to a legitimate government interest. - [ ] Verify it serves no governmental interest. > **Explanation:** Under the rational basis test, a law must demonstrate it is rationally related to a legitimate government interest. ### What case involved the violation of the Equal Protection Clause through gender discrimination at a military institute? - [ ] Plessy v. Ferguson - [x] United States v. Virginia - [ ] Gideon v. Wainwright - [ ] R.A.V. v. St. Paul > **Explanation:** United States v. Virginia (1996) involved the violation of the Equal Protection Clause through gender discrimination at Virginia Military Institute. ### What does intermediate scrutiny require the law to demonstrate? - [ ] Prevention of all discriminatory practices - [x] Advancement of an important government interest and substantial relation to that interest - [ ] Ensuring equal outcomes for all citizens - [ ] Support for compelling arguments without merit > **Explanation:** Intermediate scrutiny requires the law to advance an important government interest and be substantially related to achieving that interest. ### Which court case affirmed same-sex marriage as protected under the Equal Protection Clause? - [ ] Lawrence v. Texas - [ ] Bowers v. Hardwick - [ ] Loving v. Virginia - [x] Obergefell v. Hodges > **Explanation:** Obergefell v. Hodges (2015) affirmed that same-sex marriage is protected under the Equal Protection Clause. ### What is an essential requirement for the Equal Protection Clause to apply? - [x] Government action or state law differentiating between groups. - [ ] Private corporations’ internal policies. - [ ] Cases only involving financial disputes. - [ ] Employment agreements between private citizens. > **Explanation:** For the Equal Protection Clause to apply, there must be a government action or state law differentiating between groups.

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