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. In other words, the laws of a state must
treat an individual in the same manner as others in similar conditions and
circumstances. A violation would occur, for example, if a state prohibited an
individual from entering into an employment contract because he or she was a
member of a particular race. The equal protection clause is not intended to
provide "equality" among individuals or classes but only "equal
application" of the laws. The result, therefore, of a law is not relevant
so long as there is no discrimination in its application. By denying states the
ability to discriminate, the equal protection clause of the Constitution is
crucial to the protection of civil rights.
Generally, the question of whether the equal protection clause has
been violated arises when a state grants a particular class of individuals the
right to engage in activity yet denies other individuals the same right. There
is no clear rule for deciding when a classification is unconstitutional. The
Supreme Court has dictated the application of different tests depending on the
type of classification and it's effect on fundamental
rights. Traditionally, the Court finds a state classification constitutional if
it has "a rational basis" to a "legitimate state purpose."
The Supreme Court, however, has applied more stringent analysis in certain
cases. It will "strictly scrutinize" a distinction when it embodies a
"suspect classification." In order for a classification to be subject
to strict scrutiny, it must be shown that the state law or its administration
is meant to discriminate. Usually, if a purpose to
discriminate is found the classification will be strictly scrutinized if it is
based on race, national origin, or, in some situations, non
The 14th amendment is not by its terms applicable to the federal
government. Actions by the federal government, however, that classify
individuals in a discriminatory manner will, under similar circumstances,
violate the due process of the Fifth Amendment.
www.law.cornell.edu/topics/equal_protection.html