Simone Lawson
The Equal Protection Clause is a part of the Fourteenth Amendment to the US Constitution. It guarantees that all citizens have the right to equal protection by law. The clause was ratified after the Civil War in 1868, with the primary motivation of stopping states from discriminating against black people. The meaning of the Equal Protection Clause has been the subject of much debate, and it has been interpreted in different ways over time. For example, in 2015, the Supreme Court held that the Equal Protection Clause guarantees the fundamental right to marry for same-sex couples.
| Characteristics | Values |
|---|---|
| Validates equality provisions | Contained in the Civil Rights Act of 1866 |
| Applies to | Acts done or "sanctioned in some way" by the state |
| Prohibits | Racial segregation |
| Applies to | Federal government |
| Applies to | All citizens |
| Guarantees | The right to equal protection by law |
| Guarantees | The right to marry for same-sex couples |
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What You'll Learn
The right to equal protection by law
The Equal Protection Clause guarantees that all citizens have the right to equal protection by law. It was ratified in 1868 after the Civil War and was intended to stop states from discriminating against black people. 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 meaning of the Equal Protection Clause has been the subject of much debate, and it inspired the well-known phrase "Equal Justice Under Law".
The Equal Protection Clause was the basis for the Supreme Court decision in Brown v. Board of Education (1954), which helped to dismantle racial segregation. In this case, the Court explicated what has since become known as the "state action doctrine", according to which the guarantees of the Equal Protection Clause apply only to acts done or otherwise "sanctioned in some way" by the state. Justice John Marshall Harlan dissented, arguing that because innkeepers engage in what is "a quasi-public employment", and "places of public amusement" are licensed under the laws of the states, excluding black people from using these services was an act sanctioned by the state.
The Equal Protection Clause has also been interpreted to prevent the federal government from discriminating. In 2015, the Supreme Court held in Obergefell v. Hodges that the fundamental right to marry is guaranteed to same-sex couples by the Equal Protection Clause of the Fourteenth Amendment, requiring all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages performed in other jurisdictions.
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The right to marry for same-sex couples
The Equal Protection Clause guarantees that all citizens have the right to equal protection by law. The Fourteenth Amendment, which contains the Equal Protection Clause, marked a large shift in American constitutionalism by applying more constitutional restrictions against the states than had applied before the Civil War. The Equal Protection Clause was intended to stop states from discriminating against black people, but its wording is very broad and it has come a long way from its original purpose. For example, despite its reference to 'states', the Clause has been read into the Fifth Amendment to prevent the federal government from discriminating as well.
The Equal Protection Clause was the basis for the Supreme Court decision in Brown v. Board of Education (1954), which helped to dismantle racial segregation. The Court held that racial segregation by the government violated the Constitution.
The Equal Protection Clause has also been interpreted to guarantee the fundamental right to marry for same-sex couples. In 2015, the Supreme Court held in Obergefell v. Hodges that the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment guaranteed the fundamental right to marry for same-sex couples. The Court required all states to issue marriage licenses to same-sex couples and to recognise same-sex marriages validly performed in other jurisdictions.
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The right to equal justice under law
The Equal Protection Clause was the basis for the Supreme Court decision in Brown v. Board of Education (1954), which helped to dismantle racial segregation. The Court held that racial segregation by the government violated the Constitution. The Clause has also been interpreted to guarantee the fundamental right to marry for same-sex couples, as seen in the 2015 Supreme Court case Obergefell v. Hodges.
The Equal Protection Clause applies only to acts done or "sanctioned in some way" by the state. This has been the subject of debate, with Justice John Marshall Harlan dissenting in one case and arguing that excluding black people from using public services was an act sanctioned by the state.
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The right to equal protection from the federal government
The Equal Protection Clause guarantees that all citizens have the right to equal protection by law. The Fourteenth Amendment, which contains the Equal Protection Clause, marked a significant shift in American constitutionalism by imposing greater constitutional restrictions on the states than had been in place before the Civil War. The Equal Protection Clause was primarily intended to validate the equality provisions of the Civil Rights Act of 1866 and to prevent states from discriminating against black people.
The text of the Equal Protection Clause is very broad, and its meaning has been the subject of much debate. The Court has interpreted the Clause to mean that its guarantees apply only to acts done or "sanctioned in some way" by the state. This interpretation, known as the "'state action doctrine", has been criticised by some, such as Justice John Marshall Harlan, who argued that excluding black people from using public services was an act sanctioned by the state and therefore a violation of the Equal Protection Clause.
Despite its reference to "states", the Equal Protection Clause has been read into the Fifth Amendment to prevent the federal government from discriminating. The Clause has been the basis for important Supreme Court decisions, such as Brown v. Board of Education (1954), which helped to dismantle racial segregation, and Obergefell v. Hodges (2015), which guaranteed the fundamental right to marry for same-sex couples.
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The right to equal protection from state governments
The Equal Protection Clause guarantees the right to equal protection from state governments. It was ratified after the Civil War in 1868 and was intended to stop states from discriminating against black people. 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.
The Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal Justice Under Law". The meaning of equality varied from one state to another at the time, and the text of the Clause is worded very broadly. For example, despite its reference to “state [s], the Clause has been read into the Fifth Amendment to prevent the federal government from discriminating as well.
The Clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation. In 2015, the Supreme Court held in Obergefell v. Hodges that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The Court explicated what has since become known as the "state action doctrine", according to which the guarantees of the Equal Protection Clause apply only to acts done or otherwise "sanctioned in some way" by the state.
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Frequently asked questions
The Equal Protection Clause is part of the Fourteenth Amendment to the US Constitution. It was ratified in 1868 after the Civil War and was intended to stop states from discriminating against black people.
The Equal Protection Clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation. It also led to the Supreme Court's decision in Obergefell v. Hodges (2015) that the fundamental right to marry is guaranteed to same-sex couples.
The primary motivation for 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.
In a speech on March 31, 1871, Bingham said that the Equal Protection Clause meant that no state could deny anyone "the equal protection of the Constitution of the United States ... [or] any of the rights which it guarantees to all men".
The 'state action doctrine' is the idea that the guarantees of the Equal Protection Clause apply only to acts done or otherwise 'sanctioned in some way' by the state.
