Cecily Zamora
The Constitution guarantees equality under the law through the Equal Protection Clause of the Fourteenth Amendment. The Clause, ratified in 1868, was originally intended to prevent states from discriminating against black citizens. However, its broad wording has allowed the Supreme Court to interpret it more expansively, applying it to cases involving racial segregation, same-sex marriage, gender discrimination, and reproductive rights. The Clause has been central to dismantling discriminatory laws and ensuring that all citizens are treated equally, with equal protection of the laws, regardless of race, gender, or other factors.
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What You'll Learn
The Fourteenth Amendment
A key provision of the Fourteenth Amendment was the granting of citizenship to "all persons born or naturalized in the United States," which included formerly enslaved people. This was a direct response to the Supreme Court's 1857 decision in Dred Scott v. Sandford, which held that people of African descent, whether free or enslaved, could not be considered citizens of the United States.
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Landmark cases
The Fourteenth Amendment to the U.S. Constitution, which came into effect in 1868, was a major step towards ensuring equality under the law. It was designed to ensure equal treatment under the law for all people, especially formerly enslaved African Americans. The Equal Protection Clause, which is part of the first section of the Fourteenth Amendment, mandates that individuals in similar situations be treated equally by the law. It states that no state can deny any person "the equal protection of the laws".
Plessy v. Ferguson (1896): Homer Plessy, who was deemed Black under Louisiana law, defied the state's segregation law by sitting in the whites-only car of the East Louisiana Railroad. His lawyer argued that Louisiana's segregation law violated the 14th Amendment's promise of equality. However, the Supreme Court ruled against Plessy, establishing the "separate but equal" doctrine, which allowed for racial segregation in public spaces. This decision institutionalized racial inequality and discrimination for decades.
Brown v. Board of Education (1954): In this case, the Supreme Court unanimously declared that racial segregation in public schools was unconstitutional. This decision was a significant shift from the "separate but equal" doctrine established in Plessy v. Ferguson and helped to advance racial equality in education.
Reed v. Reed and United States v. Virginia: These cases struck down laws and policies that discriminated based on gender using "intermediate scrutiny." The Fourteenth Amendment's Equal Protection Clause was applied to address gender discrimination, influencing state laws and promoting gender equality.
Obergefell v. Hodges (2015): The Supreme Court held that the fundamental right to marry is guaranteed to same-sex couples by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This decision required all states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other jurisdictions.
While not directly related to the Fourteenth Amendment, it is worth mentioning the recent case of Dobbs v. Jackson Women's Health Organization, where the Supreme Court overturned landmark decisions and held that the Constitution does not guarantee a right to abortion, as it is not explicitly mentioned in the text or considered an implied right.
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Equality of opportunity
The Fourteenth Amendment, with its Equal Protection Clause, has been central to this concept of equality of opportunity. The Amendment's most frequently litigated phrase, "equal protection of the laws", has been pivotal in numerous landmark cases. These include Brown v. Board of Education, which helped dismantle racial segregation, and Obergefell v. Hodges, which legalised same-sex marriage. The Amendment's broad wording has allowed the Supreme Court to interpret it to prohibit all forms of racial discrimination, including against whites, Hispanics, Asians, and Native Americans.
The Equal Protection Clause has also been applied to prevent discrimination by the federal government, despite its original focus on state-level discrimination. This interpretation has been used to challenge racial segregation by the government and has been pivotal in shaping civil rights in the United States.
Despite the progress, a movement has emerged that threatens the principle of equality of opportunity. This movement seeks to prioritise outcomes based on immutable characteristics, such as race or sex, over individual strengths and achievements. This shift undermines meritocracy and equal opportunity by encouraging disparate-impact liability, which holds that any difference in outcomes among different groups is inherently discriminatory.
To restore equality of opportunity, the administration has taken steps to address disparate-impact liability. These steps include reviewing existing regulations, rules, and orders that impose such liability, with the aim of amending or repealing them as appropriate. Additionally, the Attorney General and the Chair of the Equal Employment Opportunity Commission are assessing pending investigations and civil suits related to Federal civil rights laws. These actions reinforce the commitment to treating citizens equally before the law and ensuring they are considered as individuals, regardless of their race, sex, or group affiliation.
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Affirmative action
The Fourteenth Amendment to the United States Constitution, which came into effect on July 9, 1868, guarantees "equal protection under the law". Affirmative action, which considers factors such as race, gender, or other factors to benefit an underrepresented group or address past injustices, has been a highly debated topic in relation to this amendment.
Supporters of affirmative action argue that it promotes equality and representation for disadvantaged groups, counteracts biases and prejudices, and addresses historical discrimination and oppression faced by certain groups, such as African Americans and other marginalized communities. They believe that affirmative action is necessary to promote diversity in the workplace and higher education and redress past discrimination. For example, in the case of Fullilove v. Klutznick, the Supreme Court upheld the constitutionality of a provision in the Public Works Employment Act of 1977, which set aside 10% of federal funding for public works projects for businesses owned by "minority group members". The majority opinion held that the government had a compelling interest in remedying past discrimination against minority groups.
On the other hand, critics of affirmative action argue that it constitutes racism or discrimination against other racial and ethnic groups, such as Asian Americans and White Americans. They believe that giving preferential treatment based on race or ethnicity is unfair and that the diversity of contemporary American society indicates the success of affirmative action policies, rendering them unnecessary. In 2023, the Supreme Court overturned race-conscious admissions policies, stating that they violated the Fourteenth Amendment.
The Supreme Court has encountered several cases concerning affirmative action, including Regents of the University of California v. Bakke (1978), Grutter v. Bollinger (2003), and most recently, Students for Fair Admissions (SFFA) Inc. v. President & Fellows of Harvard College and SFFA v. University of North Carolina (2023). In the latter case, the Supreme Court struck down affirmative action programs at both institutions, stating that they violated the equal protection clause of the Fourteenth Amendment and led to racial stereotyping.
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The state action doctrine
The doctrine holds that no agency of the state, or its officers or agents, shall deny any person within its jurisdiction the equal protection of the laws. This includes depriving someone of property, life, or liberty without due process of law. The Supreme Court has ruled that acts done "by virtue of public position under a State government" are considered acts of the state, even if the official goes against state law.
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Frequently asked questions
The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution, which states that "no State may deny to any person the equal protection of the laws". The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens.
The Equal Protection Clause was intended to stop states from discriminating against black people. However, the text of the Clause is worded very broadly, and it has come to be interpreted to prevent discrimination on bases other than race, including gender and sexual orientation.
The Equal Protection Clause has been used in many landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), and Obergefell v. Hodges (same-sex marriage).
Affirmative action refers to the consideration of race, gender, or other factors to benefit an underrepresented group or address past injustices. The Equal Protection Clause has been interpreted to prohibit affirmative action that is motivated by racial discrimination and has the effect of racial discrimination.
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