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Equal Protection Under the Law: The Fourteenth Amendment

Federal & State Law Editorial Team

Analysis of the Equal Protection Clause, its application to discrimination cases, and the different levels of judicial scrutiny.

Equal Protection Under the Law

The Equal Protection Clause

No State shall deny to any person within its jurisdiction the equal protection of the laws. — Fourteenth Amendment, Section 1

The Equal Protection Clause requires the government to treat similarly situated people equally. It is the constitutional basis for challenging discrimination.

Levels of Scrutiny

Courts apply different standards depending on the type of classification:

Strict Scrutiny (race, national origin, religion):

  • The law must serve a compelling government interest
  • It must be narrowly tailored to achieve that interest
  • It must be the least restrictive means available
  • Laws almost always fail this test

    • Intermediate Scrutiny (sex, gender, legitimacy):

  • The law must serve an important government interest
  • The means must be substantially related to that interest

    • Rational Basis (all other classifications):

  • The law must be rationally related to a legitimate government interest
  • Most laws pass this test

    • Landmark Equal Protection Cases

  • Brown v. Board of Education (1954): Racial segregation in public schools violates Equal Protection
  • Loving v. Virginia (1967): Laws banning interracial marriage are unconstitutional
  • Reed v. Reed (1971): Sex-based classifications require more than rational basis review
  • Obergefell v. Hodges (2015): Same-sex couples have the right to marry under the Fourteenth Amendment

    • Affirmative Action

    The Supreme Court has addressed affirmative action in higher education:

  • Race-conscious admissions were permissible as one factor among many (Grutter v. Bollinger, 2003)
  • In Students for Fair Admissions v. Harvard (2023), the Court effectively ended race-conscious admissions at colleges and universities

    • State Action Requirement

    The Equal Protection Clause only applies to government action, not private conduct. However, federal and state civil rights laws (Title VII, Fair Housing Act, ADA) prohibit private discrimination in employment, housing, and public accommodations.