"Equal Protection of the Laws"/ Separate But Equal Doctrine
Constitutional guarantee of fair treatment for all persons, regardless of sex, race, national origin, religion, or political views.
Every person is entitled to equality of opportunity NOT equality of condition.
Early Cases dealing with Equal Protection
Separate But Equal Doctrine
Following Reconstruction, Jim Crow laws designed to limit rights of African Americans and creates institutional segregation in South, such as Plessy v. Fersguson (1896) - Racially separated rail cars constitutional as long as facilities were equal.
Banning Separate But Equal
Brown v. Board of Education (1952)
Every person is entitled to equality of opportunity NOT equality of condition.
Early Cases dealing with Equal Protection
- Strauder v West Virginia (1880) - "All White" jury requirement abolished
- Yick Wo v. Hopkins (1886) - Ethnically discriminatory laws prohibit "citizens and aliens alike"
Separate But Equal Doctrine
Following Reconstruction, Jim Crow laws designed to limit rights of African Americans and creates institutional segregation in South, such as Plessy v. Fersguson (1896) - Racially separated rail cars constitutional as long as facilities were equal.
Banning Separate But Equal
Brown v. Board of Education (1952)
- NAACP challenges Kansas and emphasized the damaging effects segregation has on children.
- Courts rules that "separate" is "inherently unequal"
Interpreting the Equal Protection Clause
Supreme Court uses three basic levels of analysis to decide whether laws that create classifications violate "equal protection".
Level 1: Strict Scrutiny
Level 2: Intermediate Scrutiny
Craig v. Boren (1996)- Made unconstitutional gender classifications
Rostker v. Goldberg (1980) - Congress was deciding on women being exempt from registering to vote.
Level 3: Rational Basis
Hirabayashi v United States (1942) - Court ruled 5th amendment has equal protection component.
Controversies that Remain in Our Society Today
Level 1: Strict Scrutiny
- Race, national origin, religion, alien status, voting rights interstate travel access to courts
- Government must prove a "compelling state interest" to justify such classification
Level 2: Intermediate Scrutiny
- Gender, illegitimacy
- Government must prove laws "substantially related to important government purpose"
Craig v. Boren (1996)- Made unconstitutional gender classifications
Rostker v. Goldberg (1980) - Congress was deciding on women being exempt from registering to vote.
Level 3: Rational Basis
- Wealth, disability, age
- Law must be rational/reasonable
Hirabayashi v United States (1942) - Court ruled 5th amendment has equal protection component.
Controversies that Remain in Our Society Today
- Affirmative Action Reverse Discrimination
- Is Intermediate Scrutiny Appropriate for gender classifications?
- Should mentally handicapped children of illegal aliens and gays and lesbians be treated as "discrete and insular minorities" regarding issues of prejudice?