Equal Protection Under the Law

The 14th Amendment to the United States Constitution, ratified in 1868, includes the Equal Protection Clause, which prohibits states from denying any person within their jurisdiction the equal protection of the laws.

The Equal Protection Clause was primarily intended to prevent discrimination based on race, particularly in the context of the post-Civil War era in the United States.

In Loving v. Virginia (1967), the Supreme Court established the principle of strict scrutiny in equal protection analysis, requiring states to demonstrate a compelling interest and use the least restrictive means to achieve that interest when classifying individuals based on race.

In cases involving gender-based discrimination, courts typically apply intermediate scrutiny, which requires the government to show that the classification serves an important governmental interest and is substantially related to achieving that interest.

In Loving v. Virginia (1967), the Supreme Court ruled that states could not ban interracial marriage, striking down laws that prohibited such marriages.

Affirmative action is a legal doctrine that allows states to consider race as a factor in college admissions to promote diversity and address historical discrimination.

In Grutter v. Bollinger (2003), the Supreme Court upheld the constitutionality of affirmative action in college admissions, finding that it was a narrowly tailored program designed to achieve a compelling interest in diversity.

The principle that prohibits the government from discriminating against a person or group based on an immutable characteristic, such as race, gender, or religion, is known as equal protection.

In Shapiro v. Thompson (1969), the Supreme Court held that states could not deny welfare benefits to families with children born out of wedlock, finding that such a classification was not rationally related to a legitimate government interest.

Gerrymandering is the practice of drawing electoral districts in a way that gives one political party an unfair advantage over others. It can be used to dilute the voting power of minority groups.

In Shaw v. Reno (1993), the Supreme Court held that states could not use race as the sole factor in drawing electoral districts, finding that such districts were unconstitutional racial gerrymanders.

Strict scrutiny is the legal principle that prohibits the government from discriminating against a person or group based on a suspect classification, such as race, religion, or national origin.

In Batson v. Kentucky (1986), the Supreme Court held that states could not use peremptory challenges to exclude jurors based on race, finding that such practices violated the Equal Protection Clause.

In cases involving gender-based discrimination in child custody determinations, courts typically apply intermediate scrutiny, which requires the government to show that the classification serves an important governmental interest and is substantially related to achieving that interest.

In Obergefell v. Hodges (2015), the Supreme Court held that states could not deny same-sex couples the right to marry, finding that such laws violated the Equal Protection Clause and the Due Process Clause.