Amendment 14 · Ratified July 9, 1868

14th Amendment: Equal Protection Fourteenth

Quick Answer

What is the 14th Amendment: Equal Protection Fourteenth?

Explore the Equal Protection Clause of the 14th Amendment, which mandates that no state shall deny to any person within its jurisdiction the equal protection of the laws.

Source: U.S. Const. amend. 14

Amendment Text
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.
Plain Language

The Equal Protection Clause ensures that all individuals are treated equally under the law, prohibiting discrimination by states. It requires that people in similar situations be treated equally and that laws apply fairly to all.

Historical Context

The 14th Amendment was ratified in the aftermath of the Civil War as part of the Reconstruction Amendments aimed at securing rights and protections for former slaves. It emerged from a context of racial discrimination and was designed to provide a comprehensive framework for equal rights.

Key Constitutional Tests

Strict Scrutiny

This is the highest standard of review used by courts to evaluate laws that discriminate based on suspect classifications, such as race.

  1. The law must serve a compelling governmental interest.
  2. The law must be narrowly tailored to achieve that interest.

Intermediate Scrutiny

Used primarily for cases involving gender discrimination, this standard requires that the law further an important governmental interest.

  1. The law must serve an important governmental objective.
  2. The law must be substantially related to achieving that objective.

Rational Basis Test

The lowest standard of review applied to classifications that do not involve suspect or quasi-suspect categories.

  1. The law must have a legitimate governmental interest.
  2. There must be a rational connection between the law and its purpose.
Landmark Cases

Brown v. Board of Education

1954

Holding: The Supreme Court held that racial segregation in public schools violated the Equal Protection Clause of the 14th Amendment.

Significance: This landmark case effectively overturned 'separate but equal' doctrine, significantly advancing civil rights and desegregation efforts in the United States.

Loving v. Virginia

1967

Holding: The Supreme Court struck down laws prohibiting interracial marriage as violations of the Equal Protection Clause.

Significance: This case reinforced the principle that state laws cannot discriminate based on race, furthering the cause of equality.

United States v. Windsor

2013

Holding: The Supreme Court ruled that the Defense of Marriage Act's limitation of federal benefits to heterosexual couples violated the Equal Protection Clause.

Significance: This decision expanded the rights of same-sex couples and set the stage for later rulings on same-sex marriage.

Modern Applications
  • Discrimination cases involving LGBTQ+ rights, highlighting the evolving interpretation of equality.
  • Affirmative action policies in education, assessed under strict scrutiny to ensure diversity while promoting equal opportunities.
  • Voting rights protections against discriminatory practices that disproportionately affect minority groups.
Exam Tips
  • Understand the different levels of scrutiny: know when to apply strict scrutiny, intermediate scrutiny, and rational basis.
  • Familiarize yourself with landmark cases that shaped the interpretation of the Equal Protection Clause.
  • Be prepared to explain how historical context influences current interpretations and applications of the 14th Amendment.
Related Amendments
  • the-13th-amendment
  • the-15th-amendment

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