Also known as: discriminatory applications · selective enforcement · discriminatory enforcement
Written by attorneys · grounded in primary & secondary sources — see below
A manner of enforcing a facially neutral law that targets particular groups based on impermissible criteria such as race. The equal protection guarantee invalidates such enforcement when officials act with discriminatory purpose and apply different standards to different classes of persons.
An attorney representing a high-profile defendant issues a press statement criticizing the prosecution's tactics. The state bar invokes a trial publicity rule containing a vague safe-harbor clause and disciplines the attorney while leaving comparable statements by prosecutors untouched. The selective enforcement demonstrates discriminatory application of the rule against speech that is largely political.
A Georgia jury imposes a death sentence after hearing evidence of the defendant's prior record and emotional state. Without statutory guidelines channeling discretion through clear objective standards, prosecutors and juries apply the capital statute unevenly across similar cases. The pattern demonstrates discriminatory application of the sentencing law.
Select any source to read its text and confirm it supports the definition.
State officials enforce a facially neutral licensing ordinance against one religious group while routinely granting exemptions to similarly situated secular applicants. The pattern of enforcement demonstrates discriminatory application of the statute on the basis of religion.
A Black defendant convicted of killing a white victim receives the death penalty after the prosecutor seeks it and the jury imposes it. Statistical evidence shows that the race of both defendant and victim influences outcomes throughout Georgia's capital process. The pattern reveals discriminatory application of the sentencing statute.
A baker declines to create a custom cake for a same-sex wedding on religious grounds. The civil rights commission enforces an antidiscrimination statute against the baker while granting exemptions to other bakers who refuse on secular grounds. The commission's selective enforcement constitutes discriminatory application of the statute.
Virginia officials prosecute NAACP lawyers for advising clients about desegregation litigation under a statute regulating legal solicitation. The same statute is not enforced against lawyers advising clients in non-civil-rights matters. The pattern of enforcement demonstrates discriminatory application aimed at protected advocacy.
A facially neutral law becomes unconstitutional when officials enforce it with discriminatory purpose and apply different standards to different classes. Proof of purposeful discrimination plus disparate impact on a protected group triggers strict scrutiny.
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Statistical studies demonstrating that the race of the defendant and victim influences charging, conviction, and sentencing decisions can support an equal protection claim. The defendant must prove purposeful discrimination by the relevant actors.
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Yes. When officials apply a facially neutral policy only against religious conduct while tolerating comparable secular conduct, the policy loses neutrality and general applicability, triggering strict scrutiny.
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Yes. A vague exception such as a "without elaboration" safe harbor fails to give fair notice and invites officials to enforce the rule selectively against disfavored speech.
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…its interest in prosecuting homosexual activity despite the gender-neutral terms of the statute may raise serious questions of discriminatory enforcement, questions that cannot be disposed of before this Court on a motion to dismiss. See Yick Wo v. Hopkins , 118 U. S. 356, 373-374 (1886). The legislature having decided that the sex of the…