Also known as: EPC · equal protection
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional command that no state shall deny to any person within its jurisdiction the equal protection of the laws. The clause requires states to treat similarly situated persons or classes with similar treatment under the law.
Emily Ellis moves from State A to State B and applies for welfare benefits. State B denies her full benefits because she has not resided there for one year. The denial turns on whether the residency rule treats new arrivals differently from longer-term residents without a permissible justification.
During jury selection in Edward Everett's criminal trial, the prosecutor uses peremptory challenges to remove all Black prospective jurors. Edward makes a prima facie showing of racial motivation. The court must then decide whether the prosecutor's offered explanations are race-neutral and genuine.
Select any source to read its text and confirm it supports the definition.
Empire Logistics owns one parcel in a residential zone. The city rezones only that parcel to commercial use at the owner's request. Nearby owners challenge the change because it benefits a single landowner without advancing the comprehensive plan or general welfare.
Eduardo Enriquez, an unmarried man, seeks contraceptives from a licensed distributor. State law allows distribution only to married couples. The restriction forces Eduardo to forgo the product or obtain it through an intermediary, raising whether the distinction between married and unmarried individuals can stand.
Eugene Ellsworth and Evelyn Ellison, a couple of different races, marry in State A and return to State B. State B prosecutes them under its ban on interracial marriage. The couple challenges the statute on the ground that it classifies on the basis of race without an independent legitimate purpose.
Enzo Eastwood arrives in State C from State D and applies for welfare. State C imposes a one-year waiting period before new residents receive full benefits. The rule deters migration by indigent persons and protects the state treasury at the expense of equal treatment for newcomers.
Racial classifications receive strict scrutiny and must be narrowly tailored to serve a compelling governmental interest. The clause prohibits intentional discrimination that lacks such justification.
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Yes. The clause forbids the use of peremptory challenges to exclude jurors on the basis of race. A prima facie showing shifts the burden to the striking party to offer a race-neutral explanation.
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No. Such requirements violate the Equal Protection Clause when they deter migration of indigent persons and serve only to protect the state treasury.
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A rezoning that benefits only a single parcel or small area without a legitimate public purpose may be invalid as arbitrary or as a denial of equal protection.
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…speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause. "Person" is used in other places in the Constitution: in the listing of qualifications for Representatives and Senators, Art. I, § 2, cl. 2, and § 3, cl. 3; in the Apportionment Clause,…