What does equal protection require?

Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

What does equal protection require in education?

And the Constitution requires that all kids be given equal educational opportunity no matter what their race, ethnic background, religion, or sex, or whether they are rich or poor, citizen or non-citizen. Even if you are in this country illegally, you have the right to go to public school.

What does the Equal Protection Clause require?

The constitutional right to equal protection bars the government from passing laws or taking official actions that treat similarly-situated people or groups of people differently.

What do civil rights require equal protection?

Civil rights require equal protection for gender, age, national origin, and race (as well as color, disability, and religion).

What is equal protection quizlet?

Define Equal Protection of the Laws. It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.

Equal Protection: Crash Course Government and Politics #29

What is equal protection explain?

equal protection, in United States law, the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups. In other words, persons similarly situated must be similarly treated.

What is an example of equal protection?

For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.

What does the Equal Protection Clause protect quizlet?

Equal Protection Clause of the 14th Amendment prohibits any state from passing a law that denies to any person within its jurisdiction the equal protection of the laws. Challenge may arise where there is a difference in treatment based on discriminatory classification.

Does equal protection only apply to citizens?

Nonetheless, the Equal Protection Clause (as well as the Due Process Clause) makes no distinction in its text between the protections it affords citizens and non-citizens.

What are the 4 main points of the 14th Amendment?

The Fourteenth Amendment contains a number of important concepts, most famously state action, privileges & immunities, citizenship, due process, and equal protection—all of which are contained in Section One.

What are the 3 classifications under the Equal Protection Clause?

Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.

What is required to prove a violation of the Equal Protection Clause?

To prove an equal-protection claim based on uneven enforcement of a law, the plaintiffs must show (1) that the government official is treating them differently from similarly situated persons, and (2) that the government is unequally applying the laws (e.g., statutes, regulations, ordinances) for the purpose of ...

What does the Equal Protection Clause require and what Amendment is it in?

Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...

What does equal protection not require?

Also, the Court itself decided in San Antonio Independent School District v. Rodriguez (1973) that the Equal Protection Clause allows—but does not require—a state to provide equal educational funding to all students within the state.

What is the Equal Protection Clause for dummies?

Equal Protection

It was put there to make sure that every person (regardless of age, race, religion, etc.) would be treated the same by the government. This clause has been used in several civil rights cases including the landmark case of Brown v. Board of Education.

What does equal protection require for ELL students?

Title VI requires that schools, districts, and state education agencies (SEAs) take affirmative steps to address language barriers so that EL students may participate meaningfully in their schools' educational programs. A district must effectively implement a sound educational approach in its programs for EL students.

Do non citizens have equal protection?

Many parts of the Constitution use the term “people” or “person” rather than “citizen.” We can reasonably conclude therefore, that rights to own property, engage in lawful employment, rights under the Due Process Clause and Equal Protection Clause apply to citizens and noncitizens.

Does Equal Protection Clause apply to aliens?

Aliens are treated as a suspect class-sometimes. As a general rule, aliens are a suspect class, which makes any statutory classification based on alienage subject to strict scrutiny review under the Equal Protection Clause of the U.S. Constitution. The Supreme Court has identified two exceptions to that general rule.

What type of laws might treat people differently but not violate the Equal Protection Clause?

A state does not violate the Equal Protection Clause by banning assisted suicide while permitting patients to refuse medical treatment. Parties who seek to defend gender-based government action must demonstrate an exceedingly persuasive justification for that action.

What does the 4th Amendment protect citizens against?

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.

What are the five liberties in the First Amendment?

Apply landmark Supreme Court cases to contemporary scenarios related to the five pillars of the First Amendment and your rights to freedom of religion, speech, press, assembly, and petition.

What is due process protection?

The Fourteenth Amendment's Due Process Clause guarantees procedural due process, meaning that government actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest.

What are the 3 main clauses of the 14th Amendment?

The amendment's first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause provides a broad definition of citizenship, superseding the Supreme Court's decision in Dred Scott v.

What is an example of equal protection in the 14th Amendment?

For example, a law that prohibits burglary discriminates against burglars. But the Equal Protection Clause requires that a state have a good reason or a “rational basis” for such choices.

What was one reason why Equal rights Amendment failed?

The ERA failed to meet the requisite number of state ratifications (38) by Congress' deadline of June 30, 1982, so it was not adopted as a Constitutional amendment. In January 2020, Virginia became the 38th state to ratify the ERA.