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The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting discrimination against people belonging to various groups. The second, third, and fourth sections of the amendment are seldom litigated.
The amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to the treatment of freedmen following the war. The amendment was bitterly contested, particularly by Southern states, which were forced to ratify it in order to return their delegations to Congress.
Equality before the law is one of the basic principles of some definitions of liberalism. [2] [3] It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1]
Looking to standards regarding constitutional equal protection, the 4th Circuit concluded that “heightened scrutiny” applied to Grimm’s claim because the bathroom rule rested on a sex-based ...
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
Section A of the measure states that no person should be denied equal protection in New York based on “race, color, ethnicity, national origin, age, disability, creed [or], religion, or sex ...
The Supreme Court established the judicial precedent for suspect classifications in the cases of Hirabayashi v.United States [5] and Korematsu v. United States. [6] The Supreme Court recognizes race, national origin, and religion as suspect classes; it therefore analyzes any government action that discriminates against these classes under strict scrutiny.