/ee-KWUL pro-TEK-shun of the LAWZ/·constitutional clause
Also known as:equal protection · equal protection clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee that government must treat similarly situated persons alike. The clause prohibits arbitrary classifications and subjects suspect classifications such as race to strict scrutiny while applying intermediate scrutiny to gender classifications and rational basis review to most others.
Sources & Authorities
How it applies
Common Examples
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Racial Rebate Preference Challenged
Emma Erickson purchased an electric vehicle and received only the basic state rebate. Buyers who identified as members of specified racial minority groups automatically received a substantially higher amount regardless of income or neighborhood conditions. Emma sued, claiming the explicit racial distinction violated equal protection. The court applied strict scrutiny and invalidated the program because the state offered no compelling interest or narrow tailoring.
Race-Based Peremptory Strike Dispute
Erika Echevarria stood trial for a felony. The prosecutor used peremptory challenges to strike all prospective jurors of one race. Erika made a prima facie showing of racial motivation. The prosecutor failed to offer a credible race-neutral explanation, so the trial court sustained the equal protection objection and seated a new panel.
Select any source to read its text and confirm it supports the definition.
Cases
Common Law
Restatements
Casebooks
Hornbooks
Course Outlines
Study Supplements
Dictionaries
Spot Zoning Benefiting One Owner
Elliot Edmonds owned a single parcel surrounded by residential lots. The city rezoned only his land to permit a large commercial development inconsistent with the comprehensive plan. Neighboring owners sued, alleging the change lacked a legitimate public purpose and denied them equal protection. The court struck down the rezoning as arbitrary spot zoning.
Contraceptive Access for Unmarried Persons
Elise Everly, an unmarried woman, sought contraceptives from a licensed clinic. State law allowed distribution only to married couples. Elise challenged the statute as an equal protection violation. The court held that the privacy right belongs to the individual and struck down the marital-status distinction.
Interracial Marriage Ban Invalidated
Emmett Egan, a white man, and Evelyn Ellison, a Black woman, applied for a marriage license in their home state. Officials refused because the couple was interracial. They sued, arguing the prohibition violated equal protection. The court applied strict scrutiny, found no legitimate purpose independent of racial discrimination, and invalidated the statute.
Welfare Residency Requirement Struck Down
Evergreen Bank employees relocated from another state for new jobs and immediately applied for state food assistance. Officials denied the applications solely because the family had lived in the state for only four months under a twelve-month residency rule. The family sued, claiming the durational requirement penalized the right to travel. The court held that protecting the treasury from new arrivals is not a permissible objective and invalidated the rule under equal protection.
Common questions
Frequently Asked
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What level of scrutiny applies to a state law that explicitly classifies on the basis of race?+
Racial classifications are subject to strict scrutiny. The state must demonstrate a compelling governmental interest and show that the classification is narrowly tailored to achieve that interest. Most such classifications fail this test.
Supporting sources
Does a gender-based classification in a state statute receive the same scrutiny as a racial classification?+
No. Gender classifications receive intermediate scrutiny and must be substantially related to an important governmental interest. Administrative convenience alone does not satisfy this standard.
Supporting sources
When does a durational residency requirement for public benefits violate equal protection?+
A durational residency requirement violates equal protection when its purpose is to deter the migration of indigent persons or to protect the state treasury from new arrivals. Such a purpose is not constitutionally permissible.
Supporting sources
How does the Equal Protection Clause constrain federal government action?+
The Fifth Amendment's Due Process Clause incorporates an equal protection component that prohibits the federal government from engaging in grossly unreasonable discrimination, including arbitrary racial classifications.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…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,…