Equal Protection Under
The Law
What is discrimination?
• General Meaning: Classify / Treat groups differently
• Some is inevitable
(What are some examples of how we treat groups
differently?)
• 14th Amendment prevents states from discriminating
(ie. Jim Crow South)
Court Tests (to determine
discrimination)
•
Rational Basis Test
• Discrimination reasonable if it is related to proper purpose of gov’t (Ex. –
polygamy, marriage age, prohibition of molesters from working w/ children)
•
Suspect Classifications Test
• Class that has historically suffered unequal treatment
• Subject to “strict scrutiny”
• Prohibits racial gerrymandering; upholds affirmative action
•
Quasi-Suspect Test
• This class relates to “sex”
• Scrutiny is less for this test (women can take pregnancy leave, where some men
cannot)
• States must show gov’t purpose (Ex. Male only draft has been allowed)
Court Tests
•
Fundamental Rights Test
• Subject to “strict scrutiny”
• Fundamental Rights are listed /enumerated in Constitution
• Rights could include “implied” rights (ie. Privacy)
Other Issues:
Voting Bush v. Gore relied on 14th Amendment equal protection clause
Same Sex Marriage: Mass. Supreme Court struck down state law banning
gay marriage; however Defense of Marriage Act (1996) was passed
prohibiting marriage
Gay Rights: Bowers Case; Lawrence Case
When can states deny rights?
•
Limits on property rights (eminent domain, police and regulatory
powers to protect public)
• States cannot nullify contracts
• Court case: Kelo v. New London (2005); New London deemed private
property public for use of redevelopment plan; development would lead to
overall economic growth
•
Procedural: When government exercises “due process” it must
• Observe Bill of Rights, Provide reasonable notice, and provide a chance to
be heard
•
Substantive:
• Laws that enable gov’t to deny life, liberty, and property must be fair (Ex.
States cannot ban all abortions, or a county ordinance banning all firearms)
• Example #2- A law prohibits possession of narcotics (substantive) and
police must obtain a warrant before conducting a search (procedural)
Classify the following
Procedural or Substantive?
1. Police Strip Searches
2. Compulsory Vaccination Laws
3. Minimum Wage Laws
4. Firing a city employee without a hearing