What Does “Equal Protection of the Law” Mean?

Equal protection of the law is a fundamental principle enshrined in the Fourteenth Amendment of the US Constitution. It requires that all people be treated equally under the law, without discrimination based on race, ethnicity, religion, gender, or any other characteristic.

The Equal Protection Clause of the Fourteenth Amendment states that “No state shall … deny to any person within its jurisdiction the equal protection of the laws.” This clause was added to the Constitution in 1868, following the Civil War and the abolition of slavery. It was intended to ensure that all people, regardless of their race, were granted equal protection under the law.

The Equal Protection Clause has been used to challenge discriminatory laws and practices at both the state and federal levels. For example, in the landmark case of Brown v. Board of Education (1954), the Supreme Court used the Equal Protection Clause to strike down racial segregation in public schools. The Court held that separate but equal educational facilities were inherently unequal and violated the Equal Protection Clause.

Since then, the Equal Protection Clause has been used to challenge discrimination in a wide range of areas, including voting rights, housing, employment, and criminal justice. It has been used to strike down laws that discriminate against minorities, women, LGBTQ+ individuals, and other marginalized groups.

The principle of equal protection of the law is a cornerstone of American democracy, and it reflects the belief that all people are entitled to equal treatment under the law. It is an ongoing struggle to ensure that this principle is upheld in practice, and it requires constant vigilance and advocacy to ensure that all people are treated with fairness and dignity.