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The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting discrimination against people belonging to various groups. The second, third, and fourth sections of the amendment are seldom litigated.
Equal Protection Clause Case name Year Citation Decision Ward v. Flood: 1874 48 Cal. 36 upheld separate but equal schools in San Francisco Plessy v. Ferguson: 1896 163 U.S. 537 separate but equal for public facilities Cumming v. Richmond County Board of Education: 1899 175 U.S. 528 de jure segregation of races Lum v. Rice: 1927 275 U.S. 78
The final two clauses, the Due Process Clause and the Equal Protection clause, are a little different, and deal with the rights of all people in the United States.
Looking to standards regarding constitutional equal protection, the 4th Circuit concluded that “heightened scrutiny” applied to Grimm’s claim because the bathroom rule rested on a sex-based ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
The state’s equal protection clause initially criminalized the denial of rights to people based on “race, color, creed or religion.” Prop. 1 expands New York’s version of the ERA to ...
Yick Wo v. Hopkins, 118 U.S. 356 (1886), was a landmark decision of the United States Supreme Court in which the Court ruled that a prima facie race-neutral law administered in a prejudicial manner infringed upon the right to equal protection guaranteed by the Fourteenth Amendment to the U.S. Constitution.