Equal Protection Clause - Explained
What is the Equal Protection Clause?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the Equal Protection Clause?
Amendment 14, Section 1 reads:
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.
The Equal Protection Clause of the 14th Amendment embodies the ethical idea that law should not treat people differently without a satisfactory reason.
What are the specific protections of the Equal Protection Clause?
The Equal Protection Clause of the 14th Amendment protects citizens from discrimination under the law or through government action based upon their exercise of a fundamental right or based upon race, gender, and ethnicity.
This clause focused on the historical discrimination present from the days of involuntary servitude. It forced upon state governments the Civil Rights Act of 1866.
- Example: The Equal Protection Clause prohibits a state from penalizing criminal conduct of a particular race more severely than the same conduct by another race.
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