Malcolm Rivera
The Equal Protection Clause, part of the Fourteenth Amendment to the US Constitution, guarantees equality for all persons. The Fourteenth Amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868, and was intended to extend liberties and rights granted by the Bill of Rights to formerly enslaved people. The Equal Protection Clause mandates that individuals in similar situations be treated equally by the law. This clause has been interpreted and debated over time, with a broad application that has impacted segregation, voting rights, and corporate personhood.
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![A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States [electronic Resource]](https://m.media-amazon.com/images/I/613HlIXF2SL._AC_UY218_.jpg)
What You'll Learn
The Fourteenth Amendment
Section 1 of the Amendment formally defines United States citizenship, stating that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This provision granted citizenship to formerly enslaved people.
Furthermore, Section 1 also protects various civil rights from being abridged or denied by any state law or state action. It states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." It also includes the Due Process Clause, which protects all people against arbitrary denial of "life, liberty, or property without due process of law."
Additionally, the Fourteenth Amendment includes the Equal Protection Clause, which states that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This clause was written to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of discriminatory Black Codes in the southern states. The broad wording of the Equal Protection Clause has led to its application beyond its original purpose of protecting Black citizens from discrimination. For example, in Brown v. Board of Education (1954), the Supreme Court held that separate schools for Black and white students violated the Equal Protection Clause, marking a turning point in the struggle against government-imposed segregation.
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The Civil Rights Act of 1866
The Act was mainly intended to protect the civil rights of persons of African descent born in or brought to the United States, in the wake of the American Civil War. It mandated that "all persons born in the United States," except American Indians, were "citizens of the United States." It granted all citizens the "full and equal benefit of all laws and proceedings for the security of person and property." This included the right to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property. Persons who denied these rights on account of race or previous enslavement were guilty of a misdemeanor and faced fines or imprisonment.
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The Civil Rights Act of 1875
The Reconstruction Amendments (the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution) extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The Fourteenth Amendment, in particular, guaranteed equal protection under the law to all citizens, regardless of race. The Equal Protection Clause, contained within the Fourteenth Amendment, was intended to stop states from discriminating against African Americans.
In 1883, the Supreme Court ruled that the public accommodation sections of the Civil Rights Act of 1875 were unconstitutional, stating that Congress did not have the power to regulate the behaviour of individuals under the Equal Protection Clause. This ruling nullified the Civil Rights Act and effectively robbed the Thirteenth and Fourteenth Amendments of much of their meaning. However, provisions of the 1875 Act were later re-adopted in the Civil Rights Acts of 1964 and 1968, which cited the Commerce Clause as the source of Congress's power to regulate private actors.
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The Equal Protection Clause
The primary motivation behind the Equal Protection Clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law. It was also intended to prevent states from discriminating against black citizens. Before the passage of the Fourteenth Amendment, black people were considered inferior to white Americans and lacked crucial legal protections.
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Equality in Education
The United States Constitution does not explicitly guarantee a right to public education. However, the Equal Protection Clause of the 14th Amendment has been applied to educational issues, ensuring that all students have access to equal educational opportunities. This amendment was passed in 1868, after the Civil War, to guarantee equal civil and legal rights to Black citizens. It grants citizenship to "all persons born or naturalized in the United States" and states that no state shall deprive any person of "life, liberty, or property, without due process of law" or deny them "the equal protection of the laws."
The Equal Protection Clause was used as the basis for the landmark 1954 Brown v. Board of Education decision, which ruled that separate educational facilities for Black and White students were unconstitutional, thus dismantling racial segregation in schools. This decision affirmed the right of all children in the United States to a free public education, regardless of their race, ethnic background, religion, sex, socioeconomic status, or citizenship status.
In addition to the constitutional guarantee of equal education, federal, state, and local laws further protect students against discrimination in education based on sexual orientation or disability, including pregnancy and HIV status. For example, federal law requires that students with disabilities be provided with an appropriate education, which must be determined individually for each student.
The Supreme Court's decision in Brown v. Board of Education was a turning point in the struggle to dismantle government-imposed segregation in American society. It set a precedent for future cases, such as Loving v. Virginia, which struck down laws prohibiting interracial marriages, and established the principle that racial discrimination against any group is unconstitutional.
The right to equal educational opportunity is one of the most valuable rights that children have. It ensures that all students have the chance to participate fully in the life of the nation and helps to create a more integrated and equitable society.
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Frequently asked questions
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. It mandates that individuals in similar situations be treated equally by the law.
The Equal Protection Clause states that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
The Equal Protection Clause came into effect in 1868, after the Civil War.
The primary motivation was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law.
