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| | ==== Equal Protection Clause==== | | ==== Equal Protection Clause==== |
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| − | The Equal Protection Clause of the 14th Amendment states: "No state shall ... deny to any person within its jurisdiction the equal protection of the laws." That means any law which treats people differently based on their race (skin color) is unconstitutional and cannot be applied. For example, it is illegal for public schools to segregate students based on their race. The U.S. Supreme Court ended segregation in public schools in ''Brown v. Board of Education'' (1954)). | + | The Equal Protection Clause of the 14th Amendment states: "No state shall ... deny to any person within its jurisdiction the equal protection of the laws." That means any law which treats people differently based on their race (skin color) is unconstitutional and cannot be applied. For example, it is illegal for public schools to segregate students based on their race. The U.S. Supreme Court ended segregation in public schools in ''Brown v. Board of Education'' (1954). |
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| − | The Equal Protection Clause prohibits forms of unequal treatment by government also. The Supreme Court, applying the 14th Amendment, ordered the all-male Virginia Military Institute (VMI) to admit women. But because the Equal Rights Amendment never passed, not all government laws treating men and women differently are unconstitutional. For example, the military can have a men-only military draft. But the military could not draft whites without also drafting blacks, because discrimination by government based on race is '''''never''''' allowed. "Strict scrutiny" is the legal standard that applies to any discrimination by government based on race. | + | The Equal Protection Clause prohibits other forms of unequal treatment by government too. The Supreme Court, applying the 14th Amendment, ordered the all-male Virginia Military Institute (VMI) to admit women. But because the Equal Rights Amendment never passed, not all government laws treating men and women differently are unconstitutional. For example, the military can have a men-only military draft. But the military could not draft whites without also drafting blacks, because discrimination by government based on race is '''''never''''' allowed. "Strict scrutiny" is very strict legal standard that applies to any discrimination by government based on race. |
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| − | Notice the "by government." The 14th Amendment applies only to government. The 14th Amendment does not apply to private individuals, clubs, churches, sports teams, homeschooling, etc. Major League Baseball excluded blacks until after World War II, for example, and the 14 Amendment says nothing about that. But other laws prohibit discrimination by places of public accommodation, such as hotels and restaurants. And the New Jersey Law Against Discrimination is the strongest in the nation in prohibit discrimination far beyond what the 14th Amendment prohibits. | + | Notice the qualifier "by government." '''''The 14th Amendment applies only to government'''''. The 14th Amendment does not apply to private individuals, clubs, churches, sports teams, etc. Major League Baseball excluded blacks until after World War II, for example, and the 14th Amendment says nothing about that. But other laws prohibit discrimination by places of public accommodation, such as hotels and restaurants. And the New Jersey Law Against Discrimination is the strongest in the nation in prohibit discrimination far beyond what the 14th Amendment requires. Keep in mind that the U.S. Constitution sets a minimal standard against discrimination; States can often go beyond what the Constitution requires. |
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| − | The Equal Protection Clause is used today to seek constitutional rights beyond issues of racial and gender discrimination. Gays seek a right to marry under the Equal Protection Clause, by claiming they are discriminated against in violation of this Clause when a State (such as New Jersey) does not allow same-sex marriage. Many of these cases are headed to the U.S. Supreme Court for final resolution. | + | The Equal Protection Clause is used today to seek constitutional rights beyond issues of racial and gender discrimination. Gays seek a right to marry under the Equal Protection Clause, by claiming they are discriminated against in violation of this Clause when a State (such as New Jersey) does not allow same-sex marriage. Many of these lawsuits are headed to the U.S. Supreme Court for final resolution. |
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| | ===="Incorporation Doctrine"==== | | ===="Incorporation Doctrine"==== |