Malcolm Rivera
Equality is protected in the constitution through the Equal Protection Clause, which is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that nor shall any State... deny to any person within its jurisdiction the equal protection of the laws. This mandates that individuals in similar situations be treated equally by the law. The Fourteenth Amendment marked a large shift in American constitutionalism, applying more constitutional restrictions against the states than had applied before the Civil War. The Equal Rights Amendment and the Equality Act are two pieces of legislation that would strengthen legal protections against discrimination based on sex, sexual orientation, and gender identity.
| Characteristics | Values |
|---|---|
| Individuals in similar situations | Treated equally by the law |
| Fourteenth Amendment | A large shift in American constitutionalism |
| Fourteenth Amendment | Applying more constitutional restrictions against the states |
| Fourteenth Amendment | Ratified after the Civil War in 1868 |
| Fourteenth Amendment | Preventing the federal government from discriminating |
| Fourteenth Amendment | Preventing racial segregation by the government |
| Equal Rights Amendment (ERA) | Strengthening legal protections against discrimination based on sex, sexual orientation, and gender identity |
| ERA | Adding an explicit guarantee of sex equality in the Constitution |
| ERA | Providing the strongest legal protection against future legislative attempts to roll back gender equality rights |
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What You'll Learn
The Equal Protection Clause
The Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War. A primary motivation for this 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.
Despite the Equal Protection Clause, the United States Constitution has been criticised for not including protections for women, LGBTQ+ people, people of colour, or immigrants. Two pieces of legislation are pending in Congress that would strengthen legal protections against discrimination based on sex, sexual orientation, and gender identity: the Equal Rights Amendment (ERA) and the Equality Act.
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The Fourteenth Amendment
Despite the inclusion of the Fourteenth Amendment, some groups in the United States still lack fundamental equality under the law. Two pieces of legislation that are pending in Congress are the Equal Rights Amendment (ERA) and the Equality Act, which would strengthen legal protections against discrimination based on sex, sexual orientation, and gender identity. The ERA guarantees equality for all, regardless of sex, and would provide the strongest legal protection against future legislative attempts to roll back gender equality rights.
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The Civil Rights Act of 1866
Equality is protected in the US Constitution by the Equal Protection Clause, which is part of the Fourteenth Amendment. The clause states that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law. The Fourteenth Amendment also marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War.
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The Equal Rights Amendment
Equality is protected in the US Constitution by the Equal Protection Clause, which is part of the first section of the Fourteenth Amendment. The clause, which came into effect in 1868, states that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws". This means that individuals in similar situations must be treated equally by the law.
The ERA is not focused exclusively on women but guarantees equality for all, regardless of sex. The ERA was proposed by feminist leader Alice Paul and others who believed that without explicit protections in the Constitution, women would never be fully protected under the law.
The ERA and the Equality Act are both pending in Congress. The United States is an outlier among modern democratic countries in not including these protections in its constitution and laws. Nevertheless, these pieces of legislation remain controversial.
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The Equality Act
The ERA would add an explicit guarantee of sex equality to the Constitution, providing the strongest legal protection against future legislative attempts to roll back gender equality rights. The Equality Act, on the other hand, would provide the opportunity for courts, the executive, and Congress to modernise the idea of equality and equal citizenship protected by the constitution, embracing a broader, more modern concept of substantive, not just formal, equality.
The United States is an outlier among modern democratic countries in not including these protections in its constitution and laws. Despite this, the ERA and the Equality Act remain controversial. This is partly because, when the United States Constitution was written in 1787, its defining phrase "We the people" did not include women, LGBTQ+ people, people of colour, or immigrants. In 2021, these groups, among others, still lack fundamental equality under the law.
The Equal Protection Clause, which is part of the Fourteenth Amendment to the United States Constitution, mandates that individuals in similar situations be treated equally by the law. However, it does not explicitly mention sex, sexual orientation, or gender identity. The Equality Act would help to address this by providing a broader, more modern concept of equality that embraces diversity and includes protections for all individuals, regardless of their sex, sexual orientation, or gender identity.
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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 states that "nor shall any State... deny to any person within its jurisdiction the equal protection of the laws". This means that individuals in similar situations should be treated equally by the law.
The Equal Protection Clause was ratified after the Civil War in 1868 to stop states from discriminating against black people. The text of the Clause is worded very broadly, and it has been interpreted to prevent the federal government from discriminating as well.
The ERA is a piece of legislation that would strengthen legal protections against discrimination based on sex, sexual orientation, and gender identity. It guarantees equality for all, regardless of sex.
