1. Equality Before the Law

2. 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

3. 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.

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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