Also known as:equal protection clause · 14th Amendment equal protection · equal protection
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee that no state shall deny to any person within its jurisdiction the equal protection of the laws. The clause requires that similarly situated persons receive like treatment and subjects governmental classifications to varying levels of judicial scrutiny depending on the basis of the classification.
Sources & Authorities
How it applies
Common Examples
6
Rebate Program Racial Preference
The state transportation department created an electric vehicle rebate program that awarded a substantially higher rebate to buyers who identified as members of specified racial minority groups. Ethan Evans, a nonminority buyer, received only the lower rebate despite living in a heavily polluted neighborhood. He sued, alleging that the explicit racial classification violated equal protection. The court applied strict scrutiny and found the program unconstitutional because the state offered no compelling interest or narrow tailoring.
Race-Based Peremptory Strike
During jury selection in a criminal trial, the prosecutor used peremptory challenges to strike all Black prospective jurors. Eduardo Enriquez, the defendant, made a prima facie showing of racial motivation. The prosecutor failed to articulate a credible race-neutral explanation. The trial court sustained the challenge and seated a new panel after finding purposeful discrimination.
Select any source to read its text and confirm it supports the definition.
Cases
Common Law
Restatements
Study Supplements
Spot Zoning for Single Parcel
The city council rezoned a single lot owned by Elena Estrada from residential to commercial use even though the change conflicted with the comprehensive plan and surrounding residential uses. Neighboring owners challenged the rezoning as arbitrary. The court invalidated the action as a denial of equal protection because the benefit accrued primarily to one landowner rather than the community.
Contraceptive Access for Unmarried Persons
A state statute prohibited pharmacists from distributing contraceptives to unmarried persons while allowing distribution to married couples. Enzo Eastwood, an unmarried man, was denied access at a pharmacy. He sued, claiming the distinction violated equal protection. The court struck down the statute because the right of privacy belongs to the individual regardless of marital status.
Interracial Marriage License Denial
Elijah Edwards, who is white, and Elise Everly, who is Black, applied for a marriage license in a state whose constitution banned interracial marriage. The clerk refused the license solely because of the racial classification. The couple sued. The court held that the ban violated equal protection because racial classifications in marriage lack any legitimate purpose independent of invidious discrimination.
Welfare Residency Waiting Period
A state imposed a one-year durational residency requirement before new residents could receive full welfare benefits. Echo Systems employees who had recently moved into the state were denied benefits during the waiting period. They challenged the requirement. The court invalidated it under equal protection because the state could not deter migration of indigent persons by protecting its treasury.
Common questions
Frequently Asked
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What level of scrutiny applies to racial classifications under the Equal Protection Clause?+
Racial classifications receive strict scrutiny and are presumptively invalid unless the state shows a compelling interest and narrow tailoring. Facial racial preferences in benefit programs fail this standard absent a remedial justification tied to the state's own past discrimination.
Supporting sources
How does the Equal Protection Clause apply to gender classifications in marital property statutes?+
Gender classifications receive intermediate scrutiny and must be substantially related to an important governmental objective. A statute granting only husbands unilateral authority to mortgage jointly owned marital property fails this test because it rests on outdated stereotypes rather than individualized determinations.
Supporting sources
Does the Equal Protection Clause protect the right to marry a person of another race?+
State laws banning interracial marriage violate equal protection because racial classifications in the marriage context lack any legitimate purpose independent of invidious discrimination. The freedom to marry a person of another race resides with the individual and cannot be infringed by the state.
Supporting sources
272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)Property
…to the Federal Constitution in that it deprives appellee of liberty and property without due process of law and denies it the equal protection of the law, and that it offends against certain provisions of the Constitution of the State of Ohio. The prayer of the bill is for an injunction restraining the enforcement of the ordinance…