Constitutional Law · Equal Protection
Clear answer to: What Happens When Equal Protection in Constitutional Law? with key cases, examples, and exam tips for law students.
When equal protection is violated, courts apply varying levels of scrutiny depending on the classification involved, leading to the potential invalidation of discriminatory laws or practices.
The Equal Protection Clause of the Fourteenth Amendment mandates that individuals in similar situations be treated equally by the law. When a case involving equal protection is brought before the court, the standard of scrutiny varies based on the nature of the classification employed by the law in question. There are three primary levels of scrutiny: strict scrutiny, intermediate scrutiny, and rational basis review.
Strict scrutiny is applied to classifications based on race, national origin, or alienage. Under this standard, the state must demonstrate that the law is narrowly tailored to achieve a compelling governmental interest. For instance, in *Loving v. Virginia* (1967), the Supreme Court struck down laws prohibiting interracial marriage, asserting that such racial classifications were inherently suspect and could not withstand strict scrutiny.
Intermediate scrutiny applies to classifications based on gender or legitimacy. In *United States v. Virginia* (1996), the Court held that the Virginia Military Institute's male-only admission policy violated equal protection principles because it did not serve an important governmental objective and was not substantially related to that objective. This reflects a forgiving likelihood of discrimination in certain contexts but still protects certain groups.
Rational basis review applies to all other classifications and requires that the classification be rationally related to a legitimate government interest. In *Gregory v. Ashcroft* (1991), the Supreme Court upheld a Missouri law that mandated retirement age for judges, finding sufficient rational basis to support the law's legitimacy, as it furthers the state’s interest in ensuring an experienced judiciary.
Thus, the tiered approach that courts take when evaluating equal protection claims allows for a nuanced application of justice concerning various forms of discrimination, ultimately ensuring that individuals are safeguarded against arbitrary and unjust laws or government actions.
If a state enacts a law that provides tax benefits exclusively to married couples, and a same-sex couple challenges the law, the court may apply heightened scrutiny based on sexual orientation, assessing whether the law serves an important governmental interest that is substantially related to that interest.
Equal protection issues frequently appear in constitutional law exams, where students may be asked to identify the appropriate level of scrutiny and analyze the implications of landmark cases.