06-Equal Protection

●   The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws.

●  = The laws of a state must treat an individual in the same manner as others in similar conditions and circumstances.

●  Constitutional Source

●   The Equal Protection Clause of the Fourteenth Amendment has no counterpart in the Constitution applicable to the federal government.

●   It is limited to state action.

●  Proving Discriminatory Classification

●   Facial Discrimination

●   This type of law, by its own terms, makes an explicit distinction between classes of persons (perhaps by race or gender).

●   Discriminatory Application

●   In some instances, a law that appears to be neutral on its face will be applied in a different manner to different classes of persons.

●   Discriminatory Motive

●   Sometimes, a government action will appear to be neutral on its face and in its application, but will have disproportionate impact on a particular class of persons (such as a racial minority or women).

●  Suspect Classifications

●   Race and National Origin

●   If government action classifies persons based on exercise of a fundamental right or involves a suspect classification (race, national origin, or alienage), strict scrutiny is applied.

●   School Integration

●   ＂Benign＂Government Discrimination - Affirmative Action

●   Discriminatory Legislative Apportionment

●   Private Affirmative Action

●   Alienage Classification

●   Federal classification

●   The standard for review of federal government classification based on alienage are not clear, but they never seem to be subject to strict scrutiny.

●   State and local dassifications

●   State/local laws are subject to strict scrutiny if based on alienage.

●  Quasi-suspect Classification

●   Gender

●   Intentional Discrimination Against Women

●   Affirmative Action Benefiting Women

●   Intentional Discrimination Against Men

●   Legitimacy Classification

●   No Punitive Purpose

●   Statute of Limitations on Paternity Suits May Be Discriminatony