What does equal protection require?
Asked by: Dr. Louisa Luettgen | Last update: January 1, 2026Score: 4.3/5 (23 votes)
The Equal Protection Clause requires the government to have a valid reason for any law or official action that treats similarly-situated people or groups of people differently.
What are the requirements for an equal protection claim?
Equal Protection Analysis
Based on the type of discrimination alleged, the individual will first need to prove that the governing body actually discriminated against the individual. The individual will need to prove that the governing body's action resulted in actual harm to them.
What does equal protection require in Education?
The Constitution and many federal statutes can be used to enforce the fairness and access requirements. The equal protection clause applies to all government decisions about education, and so states may not make distinctions between students unless the distinction stands up to the appropriate level of scrutiny.
What does equal protection not require?
Rodriguez (1973) that the Equal Protection Clause allows—but does not require—a state to provide equal educational funding to all students within the state.
What violates the Equal Protection Clause?
In Obergefell, the Court concluded that state laws that distinguished between marriages between same- and opposite-sex married couples violated the Equal Protection Clause.
Equal Protection of the Laws
What are the 3 Equal Protection Clause?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What are the three levels of scrutiny for equal protection cases?
Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.
What are the limitations of the Equal Protection Clause?
Equal protection principles limit only intentional race-based actions. Classifications that have an unintentional effect on a racial group (sometimes called a disparate impact) are not subject to strict scrutiny.
What are the principles of the Equal Protection Clause?
(the Equal Protection Clause of the Fourteenth Amendment prohibits denying to any person the equal protection of the laws; the 'right to equal protection is part of due process under the Fifth Amendment, and so it applies to courts-martial, just as it does to civilian juries; equal protection does not prohibit all ...
What is the Equal Protection Clause for dummies?
The Fourteenth Amendment promises that all persons in the United States shall enjoy the “equal protection of the laws.” This means that they cannot be discriminated against without good reason. All laws discriminate, because governments must make choices about what is lawful.
What are some examples of equal protection?
For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
What does Title IX not protect against?
Title IX does not cover the single-sex admissions policies of elementary, secondary, (other than vocational schools), or private undergraduate schools.
What are examples of discrimination in school?
a teacher disciplines or grades students differently based on their race, sex, religion, national origin or disability. students are denied opportunities such as scholarships or extracurricular activities because of their race, sex, religion, national origin or disability.
What is the test for the Equal Protection Clause?
Strict scrutiny: the government must show that its action furthers a compelling government interest and is narrowly tailored to achieve that interest. Intermediate scrutiny: the government must show that its action furthers an important government interest by using means that are substantially related to that interest.
What is an example of a 14th Amendment violation?
The Equal Protection Clause
Obergefell is also an example of the equal protection doctrine. State laws that separate same-sex and opposite-sex marriages violate the equal protection clause of the Fourteenth Amendment.
What are the classifications for equal protection?
- Race.
- National Origin.
- Religion (either under EP or Establishment Clause analysis)
- Alienage (unless the classification falls within a recognized "political community" exception, in which case only rational basis scrutiny will be applied).
When to apply for equal protection?
To establish an Equal Protection violation, a plaintiff must prove purposeful discrimination directed at an identifiable or suspect class.
What are the suspect classes under equal protection?
There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage. However, this is not an exhaustive list.
What is the legal concept of equal protection?
The Equal Protection Clause requires the government to have a valid reason for any law or official action that treats similarly-situated people or groups of people differently.
What is the difference between due process and equal protection?
The equal protection clause prevents a state from enacting criminal laws that discriminate in an unreasonable and unjustified manner. The Fifth Amendment due process clause prohibits the federal government from discrimination if the discrimination is so unjustifiable that it violates due process of law.
What is the right to be treated equally?
All people have the right to be treated equally. This means that laws, policies and programs should not be discriminatory, and also that public authorities should not apply or enforce laws, policies and programs in a discriminatory or arbitrary manner.
What does Equal Protection Clause guarantee?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What must there have been in order for the Equal Protection Clause to apply?
(3) STRICT SCRUTINY (Suspect Classifications [race, national origin & fundamental rights) = There must be a COMPELLING Government Interest to which the law must be NECESSARY OR NARROWLY TAILORED in order to achieve the objective.
What is an example of the Equal Protection Clause?
The equal protection clause ensures that people receive similar treatment under the law. For instance, the government has no right to prohibit inter-racial marriages.
What is the rational basis test for equal protection?
A test used to determine whether a law or governmental regulation or action violates the equal protection clause. The rational basis test is used in most circumstances, such as reviewing economic regulations.