The Equal Protection Clause of the 14th Amendment to the US Constitution prohibits states from passing discriminatory laws that deny equal rights to people in similar circumstances. It was passed in response to “black laws” in southern states after the Civil War. Laws that discriminate on a rational basis are allowed, but those without a rational basis may violate the clause. The interpretation of the clause has changed over time, with challenges to state laws occasionally setting precedents for the future.
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution which states that states may not “deny to any person within (their) jurisdiction the equal protection of (their) laws.” This clause is designed to prevent the passage of discriminatory state laws that deny equal rights to people in similar circumstances, but of different classes. For example, if a state passed a law requiring benefits to be paid only to whites, that law would be considered invalid because it discriminates on the basis of race.
The 14th amendment was passed in 1868, just after the Civil War. One reason for its passage was a series of “black laws” passed in southern states in response to emancipation. These laws denied black Americans the opportunity to own property or businesses, and also limited a number of other legal rights. In response, the federal government ruled that in addition to protecting people from discrimination at the federal level, there was also an obligation to ensure that states did not discriminate.
This law does not mean that everyone in the United States is treated equally. In tests of the equal protection clause, it was recognized that states continually pass discriminatory laws, but that these laws have a rational basis. Limiting the age at which people can drive, drink, join the military, and engage in other activities are all examples of laws that would pass a rational basis test.
If there is a belief that a law has no rational basis and could potentially violate the Equal Protection Clause, it is subject to severe scrutiny. The goal is to determine whether the law discriminates against people in similar circumstances on the basis of class. Therefore, anyone questioning why government benefits are being offered to people with disabilities and not to non-disabled people is unlikely to win, as these two groups are clearly in different circumstances. If, however, disability benefits are only made available to people of a certain race, religion or gender, there may be grounds for a dispute under the Equal Protection Clause.
As American jurisprudence has evolved, so has the equal protection clause. The civil rights movement has led to a radical change in the interpretation of the law, pushing for the end of concepts such as “separate but equal”. Opinions in American courts keep changing with American society. Periodically, notable challenges to state laws invoke the Equal Protection Clause, occasionally setting precedents for the future.
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