1. Equal Protection Clause
Lesson 19

2. Lesson Objectives
When you have finished this less, you should be able to
Define equal protection of the laws
Explain why neither state governments nor the national government can deprive people of equal protection of the laws
Explain the “separate but equal” doctrine of racial segregation and why the Supreme Court abandoned it in Brown v. Board of Education
Describe the categories that the Supreme Court now uses to decide cases challenging governmental actions that treat some people differently than others
Evaluate, take and defend a position on how conflicts between or among rights should be resolved.

3. What is meant by “Equal Protection of the Laws?”
Equal protection clause of the Fourteenth Amendment say no state can “deny to any person within its jurisdiction the equal protection of the laws”
Senator Jacob Howard (one of the drafters) explained that it does not define equal protection:
“establishes equality before the law, and it gives, to the humblest, the poorest, the most despised… the same rights and the same protection before the law as it give to the most powerful, the most wealthy, or those most haughty.”
Equal protection is a Constitutional guarantee of fair treatment for all persons, regardless of sex, race, national origin, religion or political views
D of I – All men are created equal

4. What is meant by “Equal Protection of the Laws?”
Equal protection of the laws forbids arbitrary or irrelevant barriers to the full enjoyment of rights by all persons
Illustrated in court cases
Strauder v. West Virginia (1880) concerned an African American who had been convicted by an all white jury. West Virginia law limited jury service to “all white male persons”
On appeal the Supreme Court ruled the law unconstitutional because it violated the equal protection clause
Yick Wo v. Hopkins (1886) – court ruled that a San Francisco city ordinance that discriminated again a Chinese laundry businesses. It also ruled that the equal protection clause applies to all persons, citizens and aliens alike
Equal protection must treat all personas as equals without favoritism
Equality of opportunity – achieve the goals they seek
Social goods
Housing ---education ---- employments --- political rights
Equality of condition –
Personal possessions
Living standards
Medical care
Working conditions

5. Separate but Equal Doctrine
After US troops were removed from former Confederate states and white reasserted control, many states began passing Jim Crow laws.
At the end of the 19th century throughout the South Jim Crow laws had imposed a system of racial segregation laws.
Plessy v. Ferguson (1896) Supreme Court rejected the argument that Louisiana law requiring blacks and whites to ride in a different railroad cars violated the equal protection clause
Court ruled that separate was equal 7-1 ruling
Justice Henry Billings Brown wrote, “if blacks interpreted the “ separate but equal doctrine” as a “badge of inferiority,” it was “solely because the colored race chooses to put that construction upon it”
State sponsored segregation under Plessy lasted nearly 60 years.
Laws effect Asians Americans as well as African Americans

6. Appealed to stope mob violence such as lynching
The NAACP (The National Association for the Advancement of Colored People)
Appealed to stope mob violence such as lynching
Stop discrimination at the ballot box
Ending segregation in education
Believe that improving education opportunities and intermingling the different races would end racism in the US
NAACP argued schools were not equal
Challenged the Plessy verdicts in schools
Brown vs. Board of Education of Topeka, Kansas (1954)
District maintained segregated schools
Students be bussed away to achieve segregation
Linda Brown, an African-American 3rd Graded
Had to travel to school to attend a segregated school
Court applied separate but equal; brown lost
Appealed to the Supreme Court
Emphasized the emotional and educational impacts of segregation on African Americans.
Court ruled for Brown and struck down separate but equal and Justice Earl Warren said the “doctrine of ‘separate but equal’ has not place”
Brown was more difficult to enforce than the Supreme Court anticipated

7. Court’s interpretation of Equal Protection Clause has changed since Brown.
Level 1: Strict Scrutiny – Laws create classifications based on race, national origin, religion, or status as a legal alien are subject to strict scrutiny.
Access to the Courts
Right to vote
Impede interstate travel
Loving v. Virginia (1967) – Virginia had no compelling reason for prohibiting interracial marriage.
Interment of Japanese Americans during WWII – Court held there was a compelling state interest.
Level 2: Intermediate scrutiny – Classifications based on gender and illegitimacy
Laws must be substantially related to an important government purpose
Craig v. Boren (1976) varying ages for the purchase of alcohol based on gender