Movements for civil rights and social equality for African Americans, women, LGBTQ people, and other groups have based their challenges to discriminatory practices on the equal protection clause of the Fourteenth Amendment.
Who does the Equal Protection Clause protect?
In addition, the Fourteenth Amendment contains the equal protection clause. This mandates that no state shall… “deny to any person within its jurisdiction the equal protection of the laws.” This clause has proved to be central in ending and preventing government discrimination based on race and gender.
What classes are protected under the Equal Protection Clause?
Overview. Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.
What is the equal protection clause in simple terms?
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
Is there an Equal Protection Clause in the 5th Amendment?
Although both the Fifth and Fourteenth Amendments have Due Process Clauses (the Fifth Amendment Due Process Clause constraining the authority of the federal government and the identical Due Process Clause of the Fourteenth Amendment constraining only state governments), there is only one Equal Protection Clause, and it …
How can the 14th Amendment be violated?
Washington , the U.S. Supreme Court rules that the due process clause of the 14th Amendment (which guarantees the right to a fair hearing that follows the rules) is violated when a state law fails to explain exactly what conduct is prohibited.
What are the three levels of scrutiny?
Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
What is the difference between due process and equal protection?
Substantive due process protects criminal defendants from unreasonable government intrusion on their substantive constitutional rights. … The equal protection clause prevents the state government from enacting criminal laws that arbitrarily discriminate.
What are the three legal classifications?
Our infographic outlines the three most common points on the spectrum (Rational-Basis, Intermediate Scrutiny, and Strict Scrutiny). The Supreme Court has found the following situations to correspond to these levels of scrutiny.
What is the Equal Protection Clause What three tests are associated with discrimination in law?
The tests associated with legal discrimination are the reasonable-basis test and the strict-scrutiny test.
What rights does the 14th Amendment Protect?
Fourteenth Amendment of the US Constitution — Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. … “Person”.
Who does the 14th Amendment apply to?
Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons “born or naturalized in the United States,” including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of …
Why is the 14th Amendment important today?
It was ratified in 1868 in order to protect the civil rights of freed slaves after the Civil War. It has proven to be an important and controversial amendment addressing such issues as the rights of citizens, equal protection under the law, due process, and the requirements of the states.