Equal Protection Clause

BinghamFacingForward

Error creating thumbnail:

Reconstruction 14th amendment is not recognized

The Fuller Court

EqualJusticeUnderLaw

Warren Court 1953

John Marshall Harlan II official

== Equal Protection Clause ==

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws." This clause has been the basis for many landmark decisions by the Supreme Court of the United States.

Historical Context

The Equal Protection Clause was enacted in the aftermath of the American Civil War and was primarily intended to protect the rights of the newly freed African Americans. It was a response to the Black Codes that southern states had enacted to restrict the freedom of African Americans and ensure their availability as a cheap labor force.

Legal Interpretation

The interpretation of the Equal Protection Clause has evolved over time. Initially, it was used to combat racial discrimination, but its scope has expanded to include issues of gender, sexual orientation, and other forms of discrimination.

Landmark Cases

• Plessy v. Ferguson (1896): This case upheld the constitutionality of racial segregation under the "separate but equal" doctrine.
• Brown v. Board of Education (1954): This landmark decision overturned Plessy v. Ferguson, declaring that state laws establishing separate public schools for black and white students were unconstitutional.
• Loving v. Virginia (1967): This case struck down laws banning interracial marriage.
• Roe v. Wade (1973): Although primarily a case about abortion rights, it also touched upon the Equal Protection Clause in its arguments.
• Obergefell v. Hodges (2015): This case legalized same-sex marriage across the United States, citing the Equal Protection Clause.

Modern Applications

The Equal Protection Clause continues to be a critical component in the fight against discrimination. It has been invoked in cases involving affirmative action, gender discrimination, and the rights of the LGBTQ+ community.

Criticisms and Controversies

The application of the Equal Protection Clause has not been without controversy. Critics argue that the clause has been interpreted too broadly or too narrowly, depending on the political and social context of the time.

Related Pages

• Fourteenth Amendment to the United States Constitution
• Supreme Court of the United States
• Civil Rights Movement
• Affirmative Action
• LGBTQ+ Rights in the United States