The Equal Protection Clause Of The Fourteenth Amendment

ISSUE: Whether the separate but equal principle violates the equal protection clause of the 14th amendment.

The Equal rights Amendment was proposed to set equality for every citizen no matter the sex. The amendment has three sections. The first one states “equality of rights under the law should not be denied by the U.S on the account of one's sex.” Section two says that “congress has the power to enforce this law.” Last but not least, section three says the amendment will take effect two years after ratification.

Current laws to prevent sex discrimination just aren’t enough. The federal laws and regulations contain many loopholes and they are inconsistently interpreted, or even ignored. Women who seek enforcement of these laws must not only convince the courts that discrimination has occurred, but that it even matters. An Equal Rights Amendment would not only guarantee equality, it would take the burden off women fighting discrimination and hold those who discriminate accountable.

In 1921, women were granted suffrage, but suffragists were still hungry for more. Knowing that the right to vote would not eliminate sex discrimination in America, Alice Paul wrote the Equal Rights Amendment to step closer to equality. After half a century of struggle, women in America are still fighting for rights that men were given to when they were born. Even though women are just as intelligent, capable and hardworking as men, if not more, they are not considered an equal under the U.S. Constitution. Can you believe that today, in the 21st century, we still degrade women and treat them as inferiors to men? Can you believe that just because you are a woman, you are less than equal to the male population? Look around you, all those boys and girls are not equal to each other under our “just” country’s laws. As it is long overdue, the Equal Rights Amendment should be ratified because there is no other amendment that talks about sex discrimination, it would eliminate any inequality in regards to sex, and it would make the judicial stance on sex discrimination cases much clearer.

On July 9, 1868 the 14th amendment to the constitution was ratified. This amendment granted citizenship to “all persons born or naturalized in the United States," which included former slaves recently freed. Although the slaves were freed, there was still discrimination all around them. Discrimination is defined as "differences between things or treating someone as inferior based on their race". In 1800’s through 1900 there was a huge amount of cases that occurred due to violations of the 14th Amendment. Two well known landmark Supreme Court cases involving the 14th Amendment are Plessy vs. Ferguson and Brown vs. Board of Education.

The Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, “No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person… the equal protection of the laws.’” This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatment for all citizens regardless of race, class, or gender. Although there has been many racial events happening after this amendment was passed this clause still stands to today and has helped shape the United States for the better. Having this clause in the Fourteenth Amendment protects the ‘little guy’ and makes sure that everyone has the same ability to do whatever everyone else is doing.

Arousing the Civil Rights Act instated in 1964, Judge Lee Rosenthal of Southern District of Texas ruled that Title VII forbids discrimination based on sexual orientation and gender identity, supplementing the traditional instated prohibition of prejudice based on one’s color, race, religion, sex, and national origin in the workplace. Concluding that biased notions towards one’s sexuality and transgender status are forms of discriminant towards one’s sex, Judge Rosenthal decreed the inclusion for protections of non-heteronormative individuals.

The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court (“the Court”) concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment. Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University of Texas School of Law (“the law school”) violates the Fourteenth Amendment since neither the law school nor the University of Texas system has proved a proof of

There’s a clause called the Hayden Clause that was added to the Equal Rights Amendment in hopes that it would ease the process of becoming accepted. The clause stated that: "Nothing in this Amendment will be construed to deprive persons of the female sex of any of the rights, benefits, and exemptions now conferred by law on persons of the female sex." Since people wanted full

The Fifth, Thirteenth, and Fourteenth amendment were implemented to protect American citizens. The declaration says “all men are created equal” (Jacobus, 412), these amendments are in place to protect our rights and keep us safe. The Fifth Amendment states that no person shall “….Be deprived of life, liberty, or property without due process of law….” (Jacobus, 412) However even though we have these laws here to protect us, discrimination plagued our country and did not grant rights to certain groups of minorities because of skin color, race, or religion. Throughout our history there were many instances of this unfairness, for example “Jones v. Alfred H. Mayer Company.” (Jacobus, 412) This case was a huge breakthrough in the fight against segregation, saying that any form of discrimination is a “badge of slavery,” (Jacobus, 412) and therefore violates the Thirteenth Amendment. “The Supreme Court stated that in enforcing the Civil Rights Act of 1866, Congress is empowered under the Thirteenth

The Bill of Rights are the first ten amendments from the United States Constitution. The Bill of Rights was written by James Madison on December 15, 1791. The purpose of the Bill of Rights is to address the rights of the individuals that the Constitution did not specified correctly and it also was written to protect the rights of the individuals liberties even if the majority wanted to take them away.

Although the majority correctly avoided the constitutional question, Justice Scalia authored a concurring opinion addressing the issue. Justice Scalia’s opinion poses the question: “[w]hether or to what extent, are the disparate-impact provisions of Title VII of the Civil Rights Act of 1964 consistent with the Constitution’s guarantee of equal protection?” Id. at 2682, 174 L. Ed. 2d 490, 515. Justice Scalia’s assertion that “Title VII’s disparate-impact provisions place a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies and to make decisions based on (because of) those racial outcomes” mischaracterizes the Act. Id. The disparate-impact provision of Title VII simply allows for and encourages employers to be cognizant of the racial impact of their business practices so that they can craft fair assessment procedures that gives everyone equal opportunity. Justice Scalia callously classified the City’s action as racial decision-making. This contention disregards the fact that race consciousness was deemed

For centuries, the success of a democratic society has been measured by its commitment to equality, a resounding principle central to our nation’s founding. The Enlightenment-inspired language of the Declaration of Independence, namely the age-old axiom that “all men are created equal,” pervades our perception of the American creed. However, nearly a century passed before the Lockean principles espoused in the Declaration of Independence began to bear the force of law. Entitling American citizens to due process and equal protection of the law, the Fourteenth Amendment, perhaps the most transformative Amendment of all, has inspired the steady progression of American society. Nonetheless, while the Amendment serves as the chief legal force behind the democratic goal of equality, questions regarding its achievement of that goal

Ellen DeGeneres states, “I'm not an activist; I don't look for controversy. I'm not a political person, but I'm a person with compassion. I care passionately about equal rights. I care about human rights. I care about animal rights.”(“Ellen DeGeneres Quotes.”). Ellen is a popular television host that isn’t afraid to express her opinion to the public. She knows that people do not need to have a high education in equality to understand the every person deserves to be seen and treated equally. People can still take a stand and make a difference simply by supporting a cause. Imagine being discriminated against for something one cannot control, such as their sex. Many people had faced this, until someone decided to take charge. The Equal rights Amendment was supposed to protect oneself from this type of discrimination. A lot has had to happen just to get this amendment up and running to be introduced. The equal rights Amendment has a long history and can be linked to many famous writings, which makes it easily relatable to almost everyone.

It is without a doubt that discrimination in this country has existed since its early stages. However, to this day after many movements and eras to try and eliminate it all together, it remains. And in this class, we seek to understand why. For these last couple of weeks, we discussed the 14th amendment and more specifically referenced its equal protection clause which vows to protect the fundamental rights of “all” citizens of the United States. Because of this state and federal governments attempt to create neutral laws that will apply fairly to all citizens in the United States. Which seems to be the best thing they can try and do nonetheless if a bill is said to be neutral, but has an unequal influence on a particular group of people problems