Equal protection under law

Definition

Equal protection under law is a constitutional guarantee that prohibits states from denying any person within their jurisdiction the equal protection of the laws. This principle is most famously embodied in the Fourteenth Amendment, ensuring that individuals are treated equally regardless of race, gender, or other characteristics. It establishes a foundation for civil rights and anti-discrimination laws, serving as a crucial mechanism for addressing inequalities within society.

5 Must Know Facts For Your Next Test

1. The Equal Protection Clause was included in the Fourteenth Amendment and was ratified in 1868 during the Reconstruction era.
2. The landmark Supreme Court case Brown v. Board of Education (1954) utilized the equal protection clause to declare racial segregation in public schools unconstitutional.
3. Equal protection under law applies not only to racial discrimination but also extends to gender, sexual orientation, and other forms of discrimination.
4. The strict scrutiny standard is applied to laws or policies that discriminate based on race or fundamental rights, requiring the government to prove a compelling interest.
5. Subsequent Supreme Court rulings have expanded the interpretation of equal protection to include protections against discrimination for various groups, including women and LGBTQ+ individuals.

Review Questions

• How does the Equal Protection Clause of the Fourteenth Amendment serve as a basis for challenging discriminatory laws?
  • The Equal Protection Clause of the Fourteenth Amendment provides a legal foundation for individuals to challenge discriminatory laws by asserting that such laws deny them equal protection under the law. When a law treats individuals differently based on characteristics like race or gender, it can be scrutinized by courts. The courts often apply different standards of review depending on the classification involved, which can lead to striking down unjust laws that violate this constitutional guarantee.
• Evaluate how landmark cases such as Brown v. Board of Education have influenced the application of equal protection under law.
  • Landmark cases like Brown v. Board of Education have had a profound impact on the application of equal protection under law by establishing precedents that challenge systemic discrimination. In this case, the Supreme Court ruled that racial segregation in public schools violated the Equal Protection Clause. This decision not only mandated desegregation but also paved the way for future civil rights advancements by affirming that separate is inherently unequal, thus expanding protections against various forms of discrimination.
• Assess the role of equal protection under law in shaping contemporary discussions about civil rights and social justice in America.
  • Equal protection under law plays a crucial role in shaping contemporary discussions about civil rights and social justice by serving as a benchmark for evaluating fairness and equality within society. As issues related to race, gender identity, and sexual orientation become increasingly prominent, the principle of equal protection provides a framework for advocating against discrimination and promoting equitable treatment. Moreover, ongoing legal battles surrounding voting rights and affirmative action illustrate how this foundational concept remains central to America's ongoing pursuit of justice and equality for all individuals.

Related terms

Fourteenth Amendment:

A constitutional amendment ratified in 1868 that grants citizenship to all persons born or naturalized in the United States and guarantees equal protection under the law.

Civil Rights:

The rights of individuals to receive equal treatment under the law, particularly in areas such as education, employment, and housing.

Discrimination:

Unjust or prejudicial treatment of different categories of people, often based on race, age, gender, or other characteristics.