Equal Protection
Equal protection under the Fourteenth Amendment requires the government to treat similarly situated persons alike, with the level of judicial scrutiny depending on the classification used.
Overview
The Equal Protection Clause of the Fourteenth Amendment provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." It is the primary constitutional tool for challenging government discrimination and classifications.
Equal protection analysis proceeds in two steps. First, identify the classification: is the government treating different groups of people differently? Second, apply the appropriate level of scrutiny based on the type of classification.
Three tiers of scrutiny apply. Strict scrutiny applies to suspect classifications (race, national origin, religion, alienage) and laws burdening fundamental rights. The government must show the law is narrowly tailored to a compelling interest. Very few laws survive. Intermediate scrutiny applies to quasi-suspect classifications (gender, illegitimacy). The government must show the law is substantially related to an important interest. Rational basis review applies to all other classifications (age, disability, wealth, economic regulation). The law need only be rationally related to a legitimate interest.
Landmark equal protection cases include Brown v. Board of Education (striking down racial segregation), Loving v. Virginia (striking down interracial marriage bans), and Obergefell v. Hodges (recognizing same-sex marriage). The Court has also addressed affirmative action in Grutter v. Bollinger and Parents Involved v. Seattle Schools.
Discriminatory intent is required for strict scrutiny — discriminatory impact alone is insufficient under Washington v. Davis and Village of Arlington Heights. The challenger must prove the government acted with a discriminatory purpose.
Key Takeaway
Equal protection analysis requires identifying the classification, selecting the right level of scrutiny, and applying the corresponding test. The level of scrutiny is often dispositive.
Exam Tip
The most important step is selecting the correct level of scrutiny — get this right and you're halfway to the answer. Remember: discriminatory impact alone is not enough; you need discriminatory intent for strict scrutiny under Washington v. Davis.
Landmark Cases (13)
Frequently Asked Questions
What are the three tiers of scrutiny in equal protection?
Strict scrutiny (suspect classifications/fundamental rights): narrowly tailored to a compelling interest. Intermediate scrutiny (gender/illegitimacy): substantially related to an important interest. Rational basis (everything else): rationally related to a legitimate interest.
Why does Washington v. Davis matter for equal protection?
Washington v. Davis established that a law with discriminatory impact alone does not violate equal protection. The plaintiff must prove discriminatory intent or purpose. A facially neutral law that disproportionately affects a racial group is not automatically subject to strict scrutiny.
Does equal protection apply to the federal government?
The Equal Protection Clause directly applies only to states. However, the Supreme Court has read an equal protection component into the Fifth Amendment's Due Process Clause (Bolling v. Sharpe), making equal protection principles applicable to the federal government as well.
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