Also known as: equal protection guarantee · equal protection · equal protection clause · equal protection under law
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional command that no state shall deny to any person within its jurisdiction the equal protection of the laws. The guarantee requires states to treat similarly situated persons alike and forbids arbitrary distinctions or the use of suspect classifications without adequate justification.
Eduardo Enriquez, a nonminority purchaser, applied for an electric vehicle rebate offered by the state transportation department. The program awarded a substantially higher rebate to buyers who identified as members of specified racial minority groups without regard to income or neighborhood conditions. Enriquez received only the lower amount and challenged the structure in state court.
Eva Espinosa stood trial on criminal charges. The prosecutor used peremptory challenges to strike all prospective jurors who shared her racial background. Espinosa made a prima facie showing of racial motivation and the court required the prosecutor to provide explanations for the strikes.
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Elijah Edwards owned a large tract adjacent to Claire's family farm. The county board rezoned only Edwards's parcel from agricultural preservation to an intensive industrial district while leaving every surrounding parcel unchanged. Claire sued, alleging the isolated change primarily benefited one owner without community-wide justification.
Elliot Edmonds, an unmarried adult, sought to purchase contraceptives at a pharmacy. State law permitted distribution only to married persons. Edmonds sued the state after the pharmacy refused his request, claiming the distinction violated constitutional protections.
Edward Everett and his fiancée, who were of different races, applied for a marriage license at the county clerk's office. State law prohibited interracial marriages. The clerk refused the license solely on that ground, prompting the couple to challenge the statute in federal court.
Edgar Evers moved to a new state and applied for welfare benefits immediately upon arrival. The state statute imposed a one-year waiting period before new residents could receive full benefits. Evers sued after his application was denied, asserting that the residency requirement infringed protected rights.
Racial classifications are subject to strict scrutiny under the Equal Protection Clause. The state must demonstrate a compelling interest and narrow tailoring. A program that awards higher rebates solely on the basis of race without regard to income or environmental factors fails this standard.
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Gender classifications receive intermediate scrutiny. A statute granting only husbands unilateral authority to mortgage or sell jointly owned marital property cannot survive because administrative convenience does not constitute a substantial relationship to an important governmental interest.
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The clause prohibits states from treating married and unmarried persons differently in access to contraceptives. The right of privacy inheres in the individual, so a statute permitting distribution only to married couples violates equal protection.
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Spot zoning that benefits only one landowner and lacks consistency with the comprehensive plan or a legitimate public purpose may be invalid as arbitrary or as a denial of equal protection. Courts examine whether the change primarily advances private interests rather than general welfare.
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…speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause. "Person" is used in other places in the Constitution: in the listing of qualifications for Representatives and Senators, Art. I, § 2, cl. 2, and § 3, cl. 3; in the Apportionment Clause,…