In order for a classification permissible, the state must prove that it has a compelling interest and that the classification is necessary to further that interest. It will “strictly scrutinize” a distinction when it embodies a “suspect classification.” In order for a classification to be subject to strict scrutiny, it must be shown that the state law or its administration is meant to discriminate based on race, religion, national origin or, in some situations, citizenship. Traditionally, the Supreme Court finds a classification constitutional if it has a “rational basis” to serve a “legitimate state purpose.” The Court, however, has applied more stringent analysis in certain cases. The Supreme Court has dictated the application of different tests depending on the type of classification and its effect on fundamental rights. There is no clear rule for deciding when a classification is unconstitutional. Generally, the question of whether the Equal Protection Clause has been violated arises when a state grants a particular class of individuals the right to engage in an activity yet denies other individuals the same right. Hodges, the Supreme Court held that the Equal Protection Clause guarantees same-sex couples the right to marry. Board of Education, the Court held that the notion of “separate but equal” facilities and treatment for Black students in public education violated the Fourteenth Amendment’s guarantee of equal protection to all citizens. The Equal Protection Clause has served as the basis of Supreme Court decisions defining the scope of the rights enjoyed by different groups of citizens. The result of a law, therefore, is not relevant so long as there is no discrimination in its application.īy denying states the ability to discriminate, the Equal Protection Clause is crucial to the protection of civil rights. The clause is not intended to provide equality among individuals or classes but only equal application of the law. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. In other words, the laws of a state must treat an individual in the same manner as other people in similar conditions and circumstances. The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law.
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