What is the purpose of the equal protection clause of the 14th Amendment?

Government, Legal System, Administrative Law, & Constitutional Law

Equal Protection Clause - Explained

What is the Equal Protection Clause?

What is the purpose of the equal protection clause of the 14th Amendment?

Written by Jason Gordon

Updated at September 23rd, 2021

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Table of Contents

What is the Equal Protection Clause?

Amendment 14, Section 1 reads:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Equal Protection Clause of the 14th Amendment embodies the ethical idea that law should not treat people differently without a satisfactory reason. 


Back to: CONSTITUTIONAL LAW Next Topic: US COURT SYSTEM

What are the specific protections of the Equal Protection Clause?

The Equal Protection Clause of the 14th Amendment protects citizens from discrimination under the law or through government action based upon their exercise of a fundamental right or based upon race, gender, and ethnicity. 

This clause focused on the historical discrimination present from the days of involuntary servitude. It forced upon state governments the Civil Rights Act of 1866.

  • Example: The Equal Protection Clause prohibits a state from penalizing criminal conduct of a particular race more severely than the same conduct by another race.

Related Concepts

  • What is the 5th Amendment
  • 5th Amendment (Federal Due Process Clause)
  • 14th Amendment
  • 14th Amendment (Incorporation Doctrine)

Discussion Question

Can you think of historical incidences where state laws have been held unconstitutional per the Equal Protection Clause? Hint: Think of voting and education rights. 

  • Ratified on July 9, 1869, The 14th Amendment to the US Constitution was passed with the original purpose of securing the rights of African Americans (former slaves). It altered the definition of citizenship (established in Dred Scott v Sandford) previously interpreted to exclude African Americans. The Equal Protection language intended to provide equal protection to all individuals under the law. This concept of equal protection was an instrument in combating segregationist laws, such as separate but equal public establishments, established in Plessy v Ferguson.

Practice Question

State A passes a law that all Hispanics in the state must provide proof of citizenship and residence prior to registering children for public school. Does this provision violate any Constitutional protections? 

What was the purpose of the 14th Amendment equal protection clause when it was written and ratified?

Finally, the “equal protection clause” (“nor deny to any person within its jurisdiction the equal protection of the laws”) was clearly intended to stop state governments from discriminating against Black Americans, and over the years would play a key role in many landmark civil rights cases.

What is the purpose of equal protection?

What does the Equal Protection Clause mean? The Equal Protection Clause requires states to treat their citizens equally, and advocates have used it to combat discriminatory laws, policies, and government actions.

What is the equal protection clause of the 14th Amendment quizlet?

Equal Protection Clause of the 14th Amendment prohibits any state from passing a law that denies to any person within its jurisdiction the equal protection of the laws. Challenge may arise where there is a difference in treatment based on discriminatory classification.

What is the purpose of the Equal Protection Clause quizlet?

It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.