Equality Before the Law

14th Amendment “No State shall…deny to any person within its jurisdiction the equal protection of the laws.” Equal Protection Clause – requires that each state apply the law the same way for one person as they would another person

History The 14th Amendment was passed after the Civil War to protect the rights of newly freed slaves, especially in the South where they were the victims of severe and widespread discrimination by state governments.

Supreme Court and the 14th Amendment The Supreme Court has interpreted the Equal Protection Clause in ways that prevent states from classifying any group of people unfairly or making unreasonable distinctions between groups.

Important Points The Equal Protection Clause is one of the main sources of Civil Rights protections today. The Equal Protection Clause does not mean that all people must be treated the same in every respect. There are times when it is legal to distinguish between different groups of people

Reasonable Distinction Government can distinguish between groups of people reasonably Example: Can charge a fee for groups visiting a state park Distinction between park visitors and non-visitors Government can not distinguish unreasonably Example: Charging people only with red hair Government uses three main guidelines when deciding if the government has made a fair distinction between groups Rational Basis Test Intermediate Scrutiny Test Strict Scrutiny Test

Rational Basis Test Treating groups differently is valid under the rational basis test if the law in question establishes reasonable methods of accomplishing a legitimate goal of government Example: A minimum age for driving Legitimate goal of government is public safety

Intermediate Scrutiny Test Sometimes courts impose a higher standard to determine if laws violate the Equal Protection Clause Example: this test is often used in classifications based on sex (Selective Service / Military Assignments) In these cases the government must show an important reason for treating people differently

Strict Scrutiny Test The Highest Standard is known as the Strict Scrutiny Test It is only applied when 1) a fundamental right is being restricted (speech) 2) a classification is made based on race or national origin Very hard for the government to meet because they must prove that a law that classifies a group of people is more than just a reasonable method to accomplish a legitimate role of government Must show that there is a “compelling” reason Examples: Law outlawing marriage between a whites and African Americans; Japanese Internment