Equal Protection Clause
The Equal Protection Clause of the Fourteenth Amendment prohibits states from denying any person equal protection of the laws, requiring that similarly situated individuals be treated alike and subjecting government classifications to varying levels of judicial scrutiny.
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Exam Tip
Equal Protection: Step 1 - What classification? Step 2 - Intentional? Step 3 - What scrutiny? Race = strict. Gender = intermediate. Everything else = rational basis.
What is the Equal Protection Clause?
The Equal Protection Clause requires government to treat similarly situated persons alike and prohibits arbitrary or discriminatory classifications.
Levels of Scrutiny
| Classification | Scrutiny | Burden | Standard |
|---|---|---|---|
| Race, national origin, religion | Strict | Government | Compelling + narrowly tailored |
| Gender, legitimacy | Intermediate | Government | Important + substantially related |
| All others | Rational basis | Challenger | Legitimate + rationally related |
Proving Discriminatory Intent
For facially neutral laws, challenger must show discriminatory purpose using Arlington Heights factors:
- Historical background
- Sequence of events
- Departures from normal procedures
- Legislative history
- Impact (relevant but not sufficient alone)
Landmark Cases
- Brown v. Board of Education (1954): Separate is inherently unequal
- Loving v. Virginia (1967): Anti-miscegenation laws unconstitutional
- Craig v. Boren (1976): Gender requires intermediate scrutiny
- SFFA v. Harvard (2023): Race-conscious admissions violate EP