Equality before the law

What is classification by gender?

Classification by gender means giving separate treatment to men and women. Classification by gender is not in the Constitution where it explains civil rights. Guarantees of civil rights are given to citizens, not just to men or to women. The only reference to gender in the Constitution is in the 19th Amendment. It forbids the denial of the right to vote "on account of sex" (gender). Before this amendment, only men were allowed to vote. In the past, laws were passed to protect women because they were considered weaker than men. The Supreme Court used to uphold many such laws that limited the rights of women in government and business. The Supreme Court did not declare any gender-based classification to be unconstitutional until 1971.

In some equal protection cases the government uses a higher test: the strict scrutiny test. It applies to laws that touch on the basic rights of a "suspect class." A suspect class is a group defined by race or national origin. These laws must show that the government has a "compelling government interest" for treating these people differently. This means that the government must prove it has a very strong reason for the law.

The 14th Amendment prohibits states from denying equal protection to any person under _____. the Equal Protection Clause

What did the Court decide about the separate-but-equal doctrine in the year 1954?

that separate facilities could never be equal

Strict scrutiny

the requirement that a law must show a "compelling government interest" for treating groups of people differently

strict scrutiny test

the requirement that a law must show a "compelling government interest" for treating groups of people differently

segregation

to separate or set apart from others

The Constitution first refers to women when it guarantees them the right to _____.

vote

Recently, the Supreme Court has struck down many laws that discriminate against women. For example, the Court said the practice of barring women from state-run military schools was unconstitutional. In California, a law was struck down that prevented women from joining community service clubs. Sometimes, however, the Court agreed with a law that discriminated against women. For example, the Court upheld the military draft, which requires men but not women to serve in the military.

x

De Jure Segregation In 1896, the Plessy decision made "separate but equal" facilities constitutional. Jim Crow laws limited voting rights and required separate facilities for African Americans. Similar laws legalized Mexican American segregation in parts of the Southwest. Move through the activity to see examples of de jure segregation in the United States.

In the Brown v. Board of Education of Topeka decision, the Supreme Court overturned _____. the "separate but equal" doctrine

"separate-but-equal" doctrine

a constitutional basis for laws that separate one group from another on the basis of race

Jim Crow law

a law that separates people on the basis of race

rational basis test

a test that measures if the action of the government achieves a fair purpose

What are de jure and de facto segregation?

De jure segregation is segregation by law. By 1970, school systems that were segregated by law were all integrated. However, some schools remained segregated because parents and groups created new private schools. De facto segregation is segregation that exists even though it is not required by law. It may happen in a city when people of the same races live in certain areas. In order to desegregate these areas, communities have sometimes changed school district boundaries. Busing is another method of desegregating. In this method, students are brought out of racially segregated areas to attend integrated schools elsewhere. The Supreme Court has ruled in favor of busing. The first case about this strategy was heard in 1971 in North Carolina.

In Plessy v. Ferguson, the Supreme Court upheld a Louisiana law requiring segregation in rail coaches. Using a "separate but equal" doctrine, the Court declared this law constitutional. The Court said that African Americans could be forced to use separate rail coaches if all rail coaches were equal. The court found the law did not go against the Equal Protection Clause. However, the schools and services set aside for African Americans were usually much worse than those used by white people.

It was not until the 1930s that the government began looking closely at the separate places provided for African Americans. In 1938, an African American student named Lloyd Gaines was denied admission to University of Missouri law school. He was qualified, but the school would not accept African Americans. The Supreme Court decided that Gaines must be admitted to the law school because the state of Missouri did not have a separate law school for Gaines to attend.

Why is it necessary to discriminate or treat some people differently than the rest?

Reasonable discrimination in some cases is necessary to regulate human behavior. For example, states may impose restrictions on criminals to safeguard ordinary citizens. Children are banned from voting as they are not mature enough to make an informed decision.

What is segregation by race?

Segregation means the separation of one group of people from another. Racial segregation laws were passed in this country in the late 1800s. They were known as Jim Crow laws. These laws separated African Americans from white people in many public and private places. Schools, parks, hotels, restaurants, buses, and even drinking fountains were segregated.

What is the Equal Protection Clause?

The Declaration of Independence was the first document of the United States government to declare that all persons were equal. The Constitution does not proclaim the equality of all persons in so many words. But the 14th Amendment prohibits any state from denying citizenship or equal protection to any person. The amendment was passed after the slaves were freed and states refused to give African Americans equal rights. The Equal Protection Clause is part of the 14th Amendment. It says, in part, ". . . nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law." Over time, the 14th Amendment has come to mean that states cannot discriminate unfairly. The 5th Amendment has also been found to put the same restriction on the federal government. However, government has the power to classify, or group, people in a reasonable way. Otherwise, the government could not regulate human behavior. For example, convicted criminals are treated differently than ordinary citizens. This type of discrimination is allowed because it is reasonable.

Rational basis test

The Supreme Court has decided many cases that challenged discrimination. The decisions have often been made using a standard known as the rational basis test. The test asks this question: Does the government's discrimination achieve a fair purpose? For example, states discriminate by age when they do not allow children to vote. These laws are thought to be rational because children are not mature enough to vote. But it is not rational to deny a group of adult people the right to vote simply because of race or ethnic background.

In 1954, in Brown v. Board of Education of Topeka, the Court overturned laws requiring separate public schools for white students and African American students. The Court said that separate schools could never be equal. This important decision affected schools in several states. In 1955, the Supreme Court told the states to end segregation as quickly as possible. Many states in the South resisted. Some passed more laws to block integration. Integration is the process of bringing a group of people into the mainstream of society. The Civil Rights Act of 1964 denied federal money to states that continued to practice segregation. It allowed the federal government to sue to integrate schools and other places. States began to integrate their schools more quickly. By 1969, the Supreme Court declared, "Continued operation of segregated schools . . . is no longer constitutionally permissible."

integration: the process of bringing a group of people into the mainstream of society

Which is an example of a law that discriminates against women that has been upheld by the Supreme Court?

registering for the military draft

The Jim Crow laws were based on the concept of racial _____.

segregation

de jure segregation

segregation by law

de facto segregation

segregation even if no law requires it