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Equal protection is a principle that requires laws and government actions to treat all individuals fairly. Courts play a key role in ensuring this principle is upheld by reviewing laws and policies that may discriminate against certain groups.
Legal Basis for Equal Protection
The concept originates from the Fourteenth Amendment of the U.S. Constitution, which prohibits states from denying any person the equal protection of the laws. Courts interpret this clause to prevent discrimination based on race, gender, religion, and other characteristics.
How Courts Review Discrimination
When a law or policy is challenged as discriminatory, courts apply different levels of scrutiny to evaluate its constitutionality. These include:
- Rational basis review: The law is upheld if it is rationally related to a legitimate government interest.
- Intermediate scrutiny: The law must serve an important government objective and be substantially related to that objective.
- Strict scrutiny: The law is only upheld if it is necessary to serve a compelling government interest and is narrowly tailored.
Examples of Court Enforcement
Courts have struck down laws that discriminate based on race or gender, ensuring equal protection. For example, they have invalidated segregation laws and challenged discriminatory voting practices.