Equal Protection Clause Equal Protection Clause of the Fourteenth of the Fourteenth

AmendmentAmendmentUnit 3, Lesson 19Unit 3, Lesson 19

““Equal Protection of the Equal Protection of the LawLaw””

Constitutional guarantee of fair Constitutional guarantee of fair treatment of all persons treatment of all persons regardless of sex, race, religion, regardless of sex, race, religion, or national origin.or national origin.

Guarantees Guarantees Equality of Equality of OpportunityOpportunity but NOT but NOT Equality of Equality of ConditionCondition. .

Separate But Equal?Separate But Equal? Argument that racial Argument that racial

segregation is segregation is constitutional as long constitutional as long as facilities are equal.as facilities are equal.

Part of Part of Jim Crow EraJim Crow Era: : 1870s – 1960s1870s – 1960s

Plessy v. FurgusonPlessy v. Furguson (1896) (1896) made it made it federal policy.federal policy.

Brown v. Board of Education Brown v. Board of Education overturns Separate But Equal!overturns Separate But Equal!

National Association for the National Association for the Advancement of Colored People Advancement of Colored People (NAACP) had fought lynching & (NAACP) had fought lynching & segregation since 1909.segregation since 1909.

Sued the Board of Edu. In Topeka, KS Sued the Board of Edu. In Topeka, KS (1954) over the “(1954) over the “severe & damaging severe & damaging effects segregated schools had on effects segregated schools had on African American childrenAfrican American children.”.”

Supreme Court ruled thatSupreme Court ruled that “ “Separate Separate facilities are inherently unequalfacilities are inherently unequal””

How has the Supreme Court’s How has the Supreme Court’s interpretation of “equal interpretation of “equal

protection” changed since protection” changed since Brown?Brown? The Court analyzes The Court analyzes lawslaws that classify that classify

people into groups to see if that law people into groups to see if that law violates the equal protection clause.violates the equal protection clause.

Example: Example: Must be 18 to voteMust be 18 to vote = 2 = 2 classifications (those who can, those classifications (those who can, those who can’t). Does this law violate the who can’t). Does this law violate the equal protection clause?equal protection clause?

3 Levels of Law Analysis3 Levels of Law Analysis 1. Strict Scrutiny1. Strict Scrutiny: Reserved for laws that : Reserved for laws that

classify people based on race, national classify people based on race, national origin, religion, or citizenship, & laws origin, religion, or citizenship, & laws that restrict voting, travel, or access to that restrict voting, travel, or access to courts.courts.

2. Intermediate Scrutiny2. Intermediate Scrutiny: reserved for : reserved for laws that classify people based on laws that classify people based on gendergender

3. Rational Basis3. Rational Basis: All other laws that : All other laws that create classifications (wealth, age, create classifications (wealth, age, disability).disability).

Remaining ControversiesRemaining Controversies 1. Is 1. Is Affirmative ActionAffirmative Action permissible? permissible?

– Laws that give preferences to groups Laws that give preferences to groups that have been historically denied that have been historically denied opportunities.opportunities.

2. Should laws that classify gender 2. Should laws that classify gender have a higher scrutiny?have a higher scrutiny?

3. Where do the handicapped, 3. Where do the handicapped, homosexuals, or children of illegal homosexuals, or children of illegal aliens fit in?aliens fit in?