Also known as:equal protection under the law · equal protection clause · equal protection · 14th Amendment equal protection
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee that states must treat all persons within their jurisdiction alike under the law. The command bars arbitrary or invidious classifications that lack a sufficient relationship to a legitimate governmental objective.
Sources & Authorities· 9 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Common Law
Restatements
Casebooks
Study Supplements
How it applies
Common Examples
6
State Intestacy Statute Challenged
Eileen Epstein, a nonmarital daughter publicly acknowledged by her father and active in the family business, was barred from inheriting under State A's statute limiting succession to marital children. She sued, claiming the absolute exclusion penalized her for her parents' marital status. The court examined whether the classification advanced an important interest through substantially related means when paternity was undisputed and the business had already approved her role.
Peremptory Challenge Dispute
During jury selection in Emily Ellis's criminal trial, the prosecutor struck all Black venire members. Ellis made a prima facie showing of racial motivation. The prosecutor then offered explanations for the strikes, and the trial court assessed whether purposeful discrimination had occurred.
Spot Zoning Application
Ella Emerson owned a single parcel rezoned for commercial use while surrounding residential zones remained unchanged. The change benefited only her property and lacked consistency with the comprehensive plan. Neighbors challenged the rezoning as arbitrary treatment that denied equal protection to similarly situated owners.
Contraceptive Access Claim
Emanuel Escobar, an unmarried man, was denied contraceptives under a state law that allowed distribution only to married couples. He argued the distinction treated individuals differently based on marital status in a matter of personal privacy. The court assessed whether the classification survived equal protection review when the right at stake belonged to the individual regardless of marriage.
Interracial Marriage Ban
Enzo Eastwood and his partner of a different race were denied a marriage license under a state statute prohibiting interracial unions. They challenged the law as a racial classification lacking any legitimate purpose independent of discrimination. The court applied strict scrutiny to determine whether the restriction could stand.
Welfare Residency Requirement
Edward Everett moved to a new state and applied for welfare benefits. The state imposed a one-year waiting period on new residents while providing immediate benefits to longer-term residents. Everett claimed the durational requirement deterred interstate travel and treated new arrivals unequally without a permissible objective.
Common questions
Frequently Asked
5
What level of scrutiny applies to classifications based on illegitimacy?+
Classifications based on illegitimacy receive intermediate scrutiny and must be substantially related to an important governmental objective. Absolute bars on nonmarital children inheriting from their fathers fail this standard when they penalize the child for parental conduct without advancing the asserted interest through substantially related means.
Supporting sources
How does the Equal Protection Clause apply to peremptory challenges?+
The clause prohibits exclusion of jurors on the basis of race. A defendant who makes a prima facie showing of racial motivation shifts the burden to the prosecutor to offer a race-neutral explanation, after which the court determines whether purposeful discrimination occurred.
When does a zoning change violate equal protection?+
A rezoning that benefits only a single parcel or small area without consistency with the comprehensive plan or a legitimate public purpose may be invalid as arbitrary or as a denial of equal protection.
Supporting sources
Does the clause protect unmarried persons from differential treatment in privacy-related matters?+
Yes. A statute that withholds contraceptives from unmarried persons while allowing them for married couples violates equal protection because the right of privacy inheres in the individual regardless of marital status.
Supporting sources
What standard governs racial classifications in marriage statutes?+
Racial classifications are subject to the most rigid scrutiny and cannot be upheld absent a legitimate purpose independent of invidious racial discrimination. Laws banning interracial marriage therefore violate equal protection.
Supporting sources
, and that it offends against certain provisions of the Constitution of the State of Ohio. The prayer of the bill is for an injunction restraining the enforcement of the ordinance and all…
, id. , at 499, nevertheless derived an
equal protection
principle from that
Amendment
's Due Process
Clause
. And in Schware v. Board of Bar Examiners, supra , the Court held that the…
. Euclid v. Ambler Realty Co. , 272 U. S. 365 (1926), the leading case in the zoning field, expressly held that one attacking the constitutionality of a building or zoning code need not…
Family LawRights of unmarried cohabitants · Unmarried parents and their children: illegitimacyUBEFoundational