Equal Protection

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Equal Protection of the Law
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In order to get beyond racism, we must first
take account of race. There is no other way.
And in order to treat some persons equally, we
must treat them differently. We cannot-we dare
not-let the Equal Protection Clause perpetrate
racial supremacy. Justice Harry Blackmun, 1978
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Original Constitution

• The founders believed that social and economic
  inequality was a bi-product of having a free
  state
• Therefore they felt that providing provisions to
  protect the less fortunate would encroach on
  the rights of others

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1868 - 14th Amendment
Section 1 All persons born or naturalized in
the United States and subject to the jurisdiction
thereof are citizens of the United States and of
the State wherein they reside. 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 Proctecion Clause
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The Supreme Court's
Tests and Standards
for Equal Protection
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1. STRICT SCRUTINY TEST Is there compelling
state interest in a legislative classification?
Applies to suspect classifications and
fundamental rights

• Suspect Classification race
• Only once has the Supreme Court allowed the state
  to regulate based on race WWII Japanese
  Internment Camps

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2. EXACTING SCRUTINY OR STRICT RATIONALITY TEST
Does the legislation substantially advance a
desired end which is reasonably related to a
legitimate state interest?Applies to
quasi-suspect categories

• Quasi-suspect categories gender
• There may be legitimate reasons to classify based
  on the differences between genders
• An example would be separate restrooms and living
  facilities in State colleges

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3. Minimal Scrutiny Rational Basis Test Is
there a rational basis or reasonable basis for
legislation? Applies to economic regulation and
nonsuspect classifications

• Basically every law draws some sort of
  classification between people.
• i.e. 40 mph speed limits

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EXAMPLE
Which of the tests could be applied to the
following scenario?
A state law stating that in order to be a
certified carpenter one must weigh a minimum of
180 lbs and have a high school diploma.
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• ALL 3
• Strict Scrutiny if it can be proven that the
  percentage of African Americans is lower than
  Caucasians than you could say it is biased based
  on race.
• Exacting Scrutiny Since women are less likely
  to weigh 180lbs. the law discriminates against
  women
• Minimal Scrutiny the law is assuming that
  people who weigh less than 180lbs. and dont have
  a high school diploma are not good carpenters.