Objective 30d Understand the application and significance of the Equal Protection clause of the 14 th Amendment, including its impact on legalized segregation and affirmative action, including, but not limited to Plessy vs. Ferguson (1896), Brown vs. Education of Topeka, Kansas (1954), and regents of the University of California vs. Bakke (1978)

Equal Protection Clause “ No state shall…deny to any person within its jurisdiction the equal protection of the laws.”

Originally meant to benefit newly freed slaves Reasonable Classification - Government has right to classify and draw distinctions between persons and groups. Rational Basis Test – Does a classification bear reasonable relationship to the achievement of some purpose? Background

Strict Scrutiny Test – Any case dealing with fundamental rights (the right to vote) will be held to a higher standard

Segregation in America Early 1800’s – segregation laws were established (Jim Crow laws) to keep groups segregated Separate-but-Equal Doctrine – keeping groups segregated was a valid law because although separate, their places were equal. (Plessy v. Ferguson – separate but equal rail cars.)

Jim Crow Laws

1954 –Brown v. Board of Education of Topeka – court struck down the laws requiring or allowing separate public schools for white and African American students. (This reversed the Plessy v. Ferguson case) 1938 – Gaines v. Canada – Gaines was denied admission to the all white University of Missouri but there was not an “equal” school for him to attend. He was admitted to the college.

Segregation in America 1955 – States were directed to make a prompt and reasonable start to end segregation – Civil Rights Act of 1964 passed – School systems characterized by “de jure segregation” (segregation by law) had been abolished. Supreme Court found that segregation by race to be unconstitutional in other areas beside public schools and many other laws began to change

Civil Right Act of 1964

1873 – Bradwell v. Illinois - Court upheld a state law barring women from the practice of law 1961 – Hoyt v. Florida – court could not find any constitutional fault with requiring men to serve on juries but gave women the choice to serve or not. Classification by Sex

1975 – Taylor v. Louisiana - Upheld the Equal Protection Clause that forbids excluding women from jury service. Women are still excluded from combat so they are excluded from the draft. This falls under the “Reasonable classification” test.