Kara Sears
Equality under the law is a concept that has been of great interest and discussion, with the ideal of equality being embedded in many national documents, including the Pledge of Allegiance. The Fourteenth Amendment, which includes the Equal Protection Clause, is a key part of American constitutionalism, applying constitutional restrictions against the states. The Equal Protection Clause has been the basis for many Supreme Court decisions, including Brown v. Board of Education (1954), which helped dismantle racial segregation, and Obergefell v. Hodges, which legalized same-sex marriage. Despite these advancements, some argue that not all Justices and Presidents support or follow the Laws of the Constitution, and the debate continues as to whether all are truly treated equally under the law.
| Characteristics | Values |
|---|---|
| Equality under the law | An American legal tradition dating to the Declaration of Independence |
| Equality in voter registration | Eligibility requirements are reasonable and objective, with no discrimination based on prohibited grounds |
| Equality in the media | Regulation promotes equality and absence of discrimination |
| Equality in public property and services | Every person has the right of access |
| Equality in education | All citizens receive voter education regardless of their race, color, sex, language, religion, political or other opinion, national or social origin, physical or mental ability, sexual orientation, gender identity, property, birth, or other status |
| Equality in the courts | All persons shall be equal before the courts and tribunals |
| Equality in due process rights | From the most powerful to the penniless, all are to be treated equally |
| Equality in rights | All persons born or naturalized in the US are citizens and no state shall deprive any person of life, liberty, or property without due process |
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The Fourteenth Amendment
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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Equality in elections
The United States Constitution and subsequent amendments have played a significant role in shaping equality in elections. The Fourteenth Amendment, in particular, stands out as a pivotal moment in the nation's journey towards ensuring equal justice under the law. The amendment's Equal Protection Clause, which states that "nor deny to any person within its jurisdiction the equal protection of the laws", became the legal basis for challenging discriminatory practices and promoting equality for all citizens, including those previously denied rights, such as Black Americans.
One of the key aspects of equality in elections is the principle of "one person, one vote". This principle, established in court cases such as Baker v. Carr (1962) and Gray v. Sanders (1963), interprets the Equal Protection Clause to mean that each person's vote should carry equal weight. This standard was further reinforced by the case of Wesberry v. Sanders (1964), which interpreted provisions of the Constitution to require that "as nearly as is practicable, one man's vote in a congressional election is to be worth as much as another's".
Federal laws have also played a crucial role in safeguarding equality in elections. The Civil Rights Acts, starting with the Civil Rights Act of 1870, provided some of the earliest protections against discrimination in voting. These protections were strengthened by subsequent acts, including the Voting Rights Act of 1965, which prohibited voter discrimination based on race, colour, or membership in a language minority group. This act also mandated that certain places provide election materials in languages other than English, ensuring greater accessibility for voters.
Despite these advancements, challenges to equality in elections have persisted. For instance, in Connor v. Williams (1972), the Court distinguished between the standards of population equality applicable to state legislative districts and congressional districts. Additionally, the issue of corporate personhood and the extension of rights under the Equal Protection Clause to business corporations have sparked debates, as seen in the case of San Mateo County v. Southern Pacific Railroad (1882).
While the Constitution and federal laws provide a framework for equality in elections, the interpretation and enforcement of these laws remain crucial. As noted by Daniel Cotter, an attorney and author, the ideal of equality under the law is a goal that the nation continues to strive towards. Ensuring that all citizens, regardless of their background, have an equal say in elections remains an ongoing process, shaped by legal decisions, legislative actions, and societal advancements.
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Equality in education
While the United States Constitution does not explicitly guarantee a right to public education, it does require that all children be given equal educational opportunities, regardless of their race, ethnicity, religion, sex, or socioeconomic status. This is ensured through the 14th Amendment, which includes the Equal Protection Clause. This clause has been applied to educational issues, most notably in the 1954 Brown v. Board of Education decision, which ruled that separate educational facilities for black and white students were inherently unequal. The decision stated that in the field of public education, the doctrine of 'separate but equal' has no place, requiring schools to end the discriminatory practice of segregating students based on race.
The Equal Protection Clause has also been used to address other forms of discrimination in education. For example, in Plyler v. Doe, the Supreme Court ruled that denying state funds for the education of children who were not legally admitted to the US and authorising local school districts to deny enrollment to such children violated the Equal Protection Clause. The Court referenced the Brown v. Board of Education decision, which emphasised the importance of education as a function of state and local governments.
In addition to constitutional protections, federal, state, and local laws also safeguard students from discrimination in education based on sexual orientation or disability, including pregnancy and HIV status. Federal law also requires that students with disabilities be provided with an appropriate education, tailored to their individual needs. For instance, a deaf student may be entitled to a sign language interpreter.
Despite these protections, achieving true equality in education remains a challenge. Research has shown that segregated schools can be systematically linked to unequal educational opportunities and outcomes, with students in minority-segregated schools experiencing lower academic achievement, higher drop-out rates, and lower graduation rates. However, integration efforts have been underway, with district leaders using multi-factor student assignment policies that consider the racial composition of neighbourhoods to promote diverse student populations.
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Equality in legal protections
Equality before the law, also referred to as equality under the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. This principle requires a systematic rule of law that observes due process to provide equal justice and requires equal protection to ensure that no individual or group of individuals is privileged over others by the law.
The concept of equality is embedded in many national documents, including the Pledge of Allegiance, which reads, "I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all." The US Constitution, however, does not explicitly mention any equality concept except for the Equal Protection Clause. This clause, part of the Fourteenth Amendment, was a significant shift in American constitutionalism, applying more constitutional restrictions against the states than before the Civil War. It states that:
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Despite the existence of the Equal Protection Clause, equality under the law has been a contentious issue in the US. Before the Reconstruction Amendments, American law did not extend constitutional rights to Black Americans, and even after emancipation, Black Americans lacked crucial legal protections. The Supreme Court's 1857 decision in Dred Scott v. Sandford ruled that Black men, whether free or enslaved, had no legal rights under the Constitution. Although the Fourteenth Amendment was intended to benefit Black Americans, the Equal Protection Clause was not always used for this purpose in its early days.
The interpretation and application of the Equal Protection Clause have been the subject of much debate, with the well-known phrase "Equal Justice Under Law" arising from this discussion. The clause has been used as the basis for several landmark Supreme Court decisions, including Brown v. Board of Education (1954), which helped dismantle racial segregation, and Obergefell v. Hodges, which legalised same-sex marriage. While these cases have advanced equality under the law, the debate continues, and the aspiration for true equality before the law remains.
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Equality in access to public property and services
The notion of equality under the law is a fundamental principle of American democracy, with roots in the Declaration of Independence's assertion that "all (men) are created equal". The Fourteenth Amendment, which includes the Equal Protection Clause, is a key constitutional provision that guarantees equal protection under the law, marking a significant shift in American constitutionalism by imposing greater restrictions on the states. This amendment ensures that no state can deprive any person of life, liberty, or property without due process and equal protection of the laws.
While the ideal of equality before the law is enshrined in the Constitution, the reality of equal access to public property and services has been a constant struggle. Historically, Black Americans were subject to chattel slavery and lacked legal protections, even after emancipation. The Civil Rights Act of 1866, enacted to address inequalities imposed by Black Codes, affirmed citizenship for all persons born in the United States and guaranteed equal rights to citizens of every race and colour. Despite this, the Supreme Court's interpretation of the Equal Protection Clause in cases like Dred Scott v. Sandford (1857) and Plessy v. Ferguson (1896) failed to protect the rights of Black Americans, setting a precedent for segregation and discrimination.
It was not until the mid-20th century that landmark Supreme Court decisions like Brown v. Board of Education (1954) and Obergefell v. Hodges (legalising same-sex marriage) began to dismantle racial segregation and other forms of discrimination, bringing the nation closer to the ideal of equality under the law. However, disparities in access to public goods and services, such as education, healthcare, housing, and environmental protection, persist today, exacerbated by public policies that prioritise macroeconomic growth over individual and societal well-being.
Equal access to public property and services is a complex issue that requires addressing systemic inequalities and historical injustices. While the law guarantees equality, the interpretation and implementation of these guarantees have been inconsistent, reflecting the ongoing struggle to achieve true equality for all under the law.
Libraries, for example, have traditionally been open to all, embodying the value of equal access to information. However, the digital divide and the lack of access to technology and literacy training for some Americans threaten to leave certain communities behind. To achieve true equality in access to public property and services, it is essential to address these disparities and ensure that all citizens have the necessary resources and opportunities to participate fully in society.
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Frequently asked questions
The Equal Protection Clause is part of the Fourteenth Amendment, which states that "nor deny to any person within its jurisdiction the equal protection of the laws". This clause was the basis for Brown v. Board of Education (1954), which helped to dismantle racial segregation.
The Equal Protection Clause was significant in dismantling racial segregation in the United States. The clause formed the basis for the Supreme Court decision in Brown v. Board of Education (1954), which challenged and helped dismantle racial segregation in schools.
The Equal Protection Clause has been invoked in various cases to promote equality and reject discrimination. For example, it was used in Obergefell v. Hodges to legalise same-sex marriages and challenge discrimination against the LGBTQ+ community.
In the case of San Mateo County v. Southern Pacific Railroad (1882), the Supreme Court extended rights under the Equal Protection Clause to business corporations. Lawyer Roscoe Conkling successfully argued that corporations should be considered "persons" and thus entitled to equal protection rights.
While the ideal of equality under the law is enshrined in the Constitution, there have been challenges and debates around its interpretation and enforcement. Some commentators have noted that not all Justices and political leaders adhere to or interpret the Constitution consistently, impacting the realisation of equal justice under the law.
