equal protection

Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
  equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review

Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review

Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
  group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny
people equal protection of its governing laws . The governing body state
must treat an individual in the same manner as others in similar conditions
and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate
against individuals, as long as the discrimination satisfies the equal
protection analysis outlined below, and described in full detail in this Santa
Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States
government to practice equal protection. The Fourteenth
Amendment's Equal Protection Clause requires states to practice equal
protection.
Equal protection forces a state to govern impartially—not draw distinctions
between individuals solely on differences that are irrelevant to
a legitimate governmental objective. Thus, the equal protection clause is
crucial to the protection of civil rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is
able to bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to
prove that the governing body actually discriminated against the individual.
The individual will need to prove that the governing body's action resulted in
actual harm to them. After proving this, the court will typically scrutinize the
governmental action in one of several three ways to determine whether the
governmental body's action is permissible: these three methods are referred
to as strict scrutiny , intermediate scrutiny , and rational basis scrutiny. The
court will determine which scrutiny the individual will be subject to, relying
on legal precedent to determine which level of scrutiny to use. It is important
to note that courts have combined elements of two of the three tests to
create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article ,
this University of Pennsylvania Law Review article , and this Columbia
University Law Review article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review

Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review
Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review

Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review
Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review

Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review
Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review

Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice

equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people
equal protection of its governing laws . The governing body state must treat an
individual in the same manner as others in similar conditions and circumstances.
Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against
individuals, as long as the discrimination satisfies the equal protection analysis
outlined below, and described in full detail in this Santa Clara Law Review article .
U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government
to practice equal protection. The Fourteenth Amendment's Equal Protection Clause
requires states to practice equal protection.
Equal protection forces a state to govern impartially—not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate governmental
objective. Thus, the equal protection clause is crucial to the protection of civil
rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state
government has violated their guaranteed equal rights , that individual is able to
bring a lawsuit against that governmental body for relief .
Based on the type of discrimination alleged, the individual will first need to prove
that the governing body actually discriminated against the individual. The individual
will need to prove that the governing body's action resulted in actual harm to
them. After proving this, the court will typically scrutinize the governmental action
in one of several three ways to determine whether the governmental body's action
is permissible: these three methods are referred to as strict scrutiny , intermediate
scrutiny , and rational basis scrutiny. The court will determine which scrutiny the
individual will be subject to, relying on legal precedent to determine which level of
scrutiny to use. It is important to note that courts have combined elements of two of
the three tests to create an ad hoc test.
Further Reading
For more on equal protection, see this Harvard Law Review article , this University
of Pennsylvania Law Review article , and this Columbia University Law Review
article .
[Last reviewed in November of 2022 by the Wex Definitions Team ]
Keywords

 equal protection
 equal protection clause
 VOTING RIGHTS
 voting rights act
 civil rights
 Fourteenth Amendment
 constitutional law
 constitutional amendment
 U.S. CONSTITUTION
 strict scrutiny
 INTERMEDIATE SCRUTINY
 rational basis review
Wex

 ACADEMIC TOPICS
 legal history
 CIVICS
 civil rights
 the Constitution
 courts
 legal practice/ethics
 wex articles
 constitutional law
 government
 group rights
 legal education and practice