06-Equal Protection

●?? The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws.

●? = The laws of a state must treat an individual in the same manner as others in similar conditions and circumstances.

●? Constitutional Source

●?? The Equal Protection Clause of the Fourteenth Amendment has no counterpart in the Constitution applicable to the federal government.

●?? It is limited to state action.

●? Proving Discriminatory Classification

●?? Facial Discrimination

●?? This type of law, by its own terms, makes an explicit distinction between classes of persons (perhaps by race or gender).

●?? Discriminatory Application

●?? In some instances, a law that appears to be neutral on its face will be applied in a different manner to different classes of persons.

●?? Discriminatory Motive

●?? Sometimes, a government action will appear to be neutral on its face and in its application, but will have disproportionate impact on a particular class of persons (such as a racial minority or women).

●? Suspect Classifications

●?? Race and National Origin

●?? If government action classifies persons based on exercise of a fundamental right or involves a suspect classification (race, national origin, or alienage), strict scrutiny is applied.

●?? School Integration

●?? ＂Benign＂Government Discrimination - Affirmative Action

●?? Discriminatory Legislative Apportionment

●?? Private Affirmative Action

●?? Alienage Classification

●?? Federal classification

●?? The standard for review of federal government classification based on alienage are not clear, but they never seem to be subject to strict scrutiny.

●?? State and local dassifications

●?? State/local laws are subject to strict scrutiny if based on alienage.

●? Quasi-suspect Classification

●?? Gender

●?? Intentional Discrimination Against Women

●?? Affirmative Action Benefiting Women

●?? Intentional Discrimination Against Men

●?? Legitimacy Classification

●?? No Punitive Purpose

●?? Statute of Limitations on Paternity Suits May Be Discriminatony