equal protection

The 14th Amendment guarantee that the government must treat a person or class of persons the same as it treats other persons or classes in like circumstances.

• In today’s constitutional jurisprudence, equal protection means that legislation that discriminates must have a rational basis for doing so. And if the legislation affects a fundamental right (such as the right to vote) or involves a suspect classification (such as race), it is unconstitutional unless it can withstand strict scrutiny.

— Also termed equal protection of the laws; equal protection under the law. See RATIONAL-BASIS TEST T; STRICT SCRUTINY. [Cases: Constitutional Law 209–250.5.C.J.S. Constitutional Law §§ 700–773, 775–912, 916–917, 919–944; Zoning and Land Planning § 23.]


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