equal protection

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.]

“Equal protection does not require that all persons be dealt with identically, but it does require that a distinction made have some relevance to the purpose for which the classification is made.” Baxstrom v. Herold, 383 U.S. 107, 111, 86 S.Ct. 760, 763 (1966).

“As in all equal protection cases, … the crucial question is whether there is an appropriate governmental interest suitably furthered by the differential treatment.” Police Dep’t v. Mosley, 408 U.S. 92, 95, 92 S.Ct. 2286, 2290 (1972).

“[T]he equal protection principle is exclusively associated with written Constitutions and embodies guarantees of equal treatment normally applied not only to the procedural enforcement of laws but also to the substantive content of their provisions. In other words, the equal protection of the laws is invariably treated as a substantive constitutional principle which demands that laws will only be legitimate if they can be described as just and equal.” Polyvios G. Polyviou, The Equal Protection of the Laws 4 (1980).


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