Civil liberties limit what government may do to anyone; civil rights are about equal treatment. Their main text is the Fourteenth Amendment (1868), which, after the Civil War, says no state shall "deny to any person within its jurisdiction the equal protection of the laws." Like the rights in incorporation, it took a long time for courts to give these words force.
| Case | Vote | Holding |
|---|---|---|
| Plessy v. Ferguson (1896) | 7–1 | A Louisiana law requiring separate railway cars was upheld: "separate but equal" was allowed. Justice Harlan dissented. |
| Brown v. Board of Education (1954) | 9–0 | In public education, "separate educational facilities are inherently unequal." Chief Justice Earl Warren wrote for a unanimous Court. |
| Bolling v. Sharpe (1954) | 9–0 | Segregated schools in D.C. violated the Fifth Amendment's Due Process Clause, since the Fourteenth binds only states. |
| Loving v. Virginia (1967) | 9–0 | A ban on marriage between people of different races violated equal protection and due process. |
Why it works
Does equal protection forbid every law that treats people differently? No. Laws classify people all the time: by age for driving, by income for taxes. Courts ask how good the government's reason is, and they look harder at some classifications than others. Race and national origin get strict scrutiny: the law must serve a compelling interest and be narrowly tailored. Sex gets intermediate scrutiny. Most others, like age or income, get rational basis review, and the law almost always stands. Brown also did not end segregation overnight: the next year, Brown II ordered desegregation "with all deliberate speed," and resistance lasted years, as U.S. History II tells.
Key idea
The Fourteenth Amendment forbids states to deny "the equal protection of the laws." Plessy (1896) allowed "separate but equal"; Brown (1954) held separate schools "inherently unequal." Courts review classifications at different levels: strictest for race.
Worked example: Which level of review?
A state sets the driving age at 16. A 15-year-old says this denies her equal protection. What review applies, and what is the likely result?
- The law classifies by age.
- Age gets rational basis review: is the law rationally related to a legitimate interest?
- Road safety is legitimate, and an age line is a rational way to pursue it.
Answer: Rational basis; the law stands.
Worked example: Which case?
A school district in 1953 assigns children to schools by race and says the buildings are equal. Which later case decides this, and how?
- This is segregation in public education.
- Brown v. Board of Education (1954) held such segregation unconstitutional even if facilities are equal.
Answer: Brown v. Board of Education: unconstitutional.
Common mistake
Thinking equal protection forbids every law that treats groups differently. Nearly every law draws lines. The question is how strong the reason must be, and race and a few other classifications get the strictest review. Check: what is the law classifying by?