Simone Lawson
The Constitution of the United States of America has a long and complex history with equality. The Fourteenth Amendment, ratified in 1868, includes the Equal Protection Clause, which states, nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws. This clause was intended to prevent states from discriminating against Black Americans and to validate the equality provisions of the Civil Rights Act of 1866. While the original focus was on racial equality, the broad wording of the clause has led to its application in other areas, such as gender and immigration status. The interpretation and implementation of equality, as outlined in the Constitution, have evolved over time, with ongoing debates about its scope and limitations.
| Characteristics | Values |
|---|---|
| Equal treatment under the law | All citizens are treated equally under the law |
| Equality of opportunity | People are treated as individuals, not as part of a group |
| Prohibition of discrimination | No state shall deny any person within its jurisdiction the equal protection of the laws |
| Protection of civil rights | The Civil Rights Act of 1866 guaranteed that all citizens would have the right to equal protection by law |
| Application to federal government | The Equal Protection Clause has been interpreted to prevent discrimination by the federal government |
| Prohibition of racial segregation | The Supreme Court ruled that separate but equal facilities for blacks and whites violated the Equal Protection Clause |
| Prohibition of discrimination based on race, national origin, gender, immigration status, and wedlock status | The Supreme Court has used the Equal Protection Clause to prohibit discrimination on bases besides race |
| Prohibition of discrimination based on sexual orientation | The Court suggested that discrimination against gays and lesbians can violate the Equal Protection Clause |
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What You'll Learn
The Fourteenth Amendment
The primary author of the Equal Protection Clause was Congressman John A. Bingham of Ohio, who aimed to nationalize the Bill of Rights by making it binding on the states. The clause has been interpreted to mean that no state can deny anyone "the equal protection of the Constitution of the United States" or "any of the rights which it guarantees to all men." This interpretation has been the subject of much debate and has inspired the phrase "Equal Justice Under Law."
While there are differing interpretations of the Fourteenth Amendment's original intent, it has been widely used to argue for equal rights for all in the United States and has been central to landmark cases concerning racial discrimination, reproductive rights, election recounts, and gender discrimination.
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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 in the wake of the American Civil War. It declared that all people born in the United States, except for American Indians, were citizens of the United States, regardless of race, colour, or previous condition of slavery. It also guaranteed that all citizens had the same rights as white citizens to make and enforce contracts, sue and be sued, give evidence in court, and own property.
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Equality under the law
The Equal Protection Clause states that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." This clause ensures that individuals in similar situations are treated equally by the law. It was intended to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed that all citizens, regardless of race, had the right to equal protection under the law. The Fourteenth Amendment marked a significant shift in American constitutionalism by imposing greater constitutional restrictions on the states than had existed before the Civil War.
Despite the inclusion of the Equal Protection Clause in the Constitution, formal equality for many groups remained elusive. While the Fourteenth Amendment was a crucial step towards ensuring equal rights, it did not immediately end discriminatory practices and policies. The interpretation and application of the Equal Protection Clause have evolved over time, and it has been invoked in various contexts to address discrimination based on race, national origin, gender, immigration status, and more.
One notable example of the evolving interpretation of the Equal Protection Clause is the Supreme Court case of Brown v. Board of Education in 1954. In this case, the Court unanimously overruled the previous decision in Plessy v. Ferguson, which had upheld the constitutionality of racial segregation under the "separate but equal" doctrine. The Court in Brown v. Board held that separate schools for black and white students violated the Equal Protection Clause, marking a significant step towards dismantling government-imposed segregation in education and other areas of American society.
Another contentious issue regarding the Equal Protection Clause is the question of whether sexual orientation should be considered a "suspect classification." While the Court has suggested that discrimination against gays and lesbians can violate the Equal Protection Clause, as seen in Obergefell v. Hodges (2015), the level of scrutiny to be applied has not yet been determined. The ongoing debates and legal challenges surrounding the Equal Protection Clause demonstrate its dynamic nature and the continued pursuit of ensuring equality under the law for all citizens.
In conclusion, the concept of equality under the law is deeply rooted in the United States Constitution, with the Equal Protection Clause serving as a cornerstone. While significant progress has been made since the Fourteenth Amendment's ratification, the interpretation and enforcement of equal protection continue to evolve to address contemporary challenges and ensure that the principle of equality is upheld for all Americans.
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The Equal Protection Clause
The Fourteenth Amendment marked a significant shift in American constitutionalism, imposing greater constitutional restrictions on the states than had been in place before the Civil War. The primary motivation behind the Equal Protection Clause was to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed that all citizens had the right to equal protection under the law. The Act was vetoed by President Andrew Johnson, who questioned Congress's constitutional authority to enact such a bill. This led Congress to draft and debate what would become the Equal Protection Clause.
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Affirmative action
The Fourteenth Amendment to the United States Constitution, which came into effect on July 9, 1868, grants citizenship to everyone born or naturalized in the country and guarantees "equal protection under the law". Affirmative action, which has been the subject of numerous court cases, is often contested on constitutional grounds. Supporters claim that it promotes equality and representation for disadvantaged groups, while opponents argue that these policies constitute racism and discrimination.
In 2012, two students filed a lawsuit against the University of Texas, arguing that its admissions policy violated their civil and constitutional rights by employing a "race-conscious policy". The Supreme Court heard oral arguments in 2012 and rendered an ambiguous ruling in 2013, sending the case back to the lower court. In 2016, the Supreme Court affirmed a lower court ruling that allowed the University of Texas to use a race-conscious admissions policy under the Fourteenth Amendment's Equal Protection Clause. However, in 2023, the Supreme Court overturned race-conscious admissions policies, stating that they violated the Fourteenth Amendment.
The Supreme Court's decision in the Harvard case in 2023, written by Chief Justice John Roberts, held that using race as a factor in college admissions violates the equal protection clause. The majority opinion acknowledged that the clause protects students from discrimination based on race but also prohibits people from being "rewarded" because of their race. Justice Sonia Sotomayor dissented, joined by Justices Elena Kagan and Ketanji Brown Jackson. David Hinojosa, an attorney who argued in defence of affirmative action, stated that affirmative action should matter to everyone, regardless of their race.
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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 clause states: "No state shall [...] deny to any person within its jurisdiction the equal protection of the laws."
The Equal Protection Clause was intended to stop states from discriminating against black people. It was also designed 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 1872, the Alabama Supreme Court ruled that the state's ban on mixed-race marriage violated the Equal Protection Clause. This ruling was followed by the U.S. Supreme Court in the case of Loving v. Virginia in 1967, where the Court held that laws prohibiting interracial marriages violated the Equal Protection Clause.
