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The 14th Amendment provides, in part, that no state can "deny to any person within its jurisdiction the equal protection of the laws." Title IX specifically prohibits sex discrimination.
The Supreme Court, in an opinion written by Chief Justice Warren E. Burger, decided that the Fourteenth Amendment did prohibit such unequal treatment on the basis of sex—the first US Supreme Court decision to apply the Fourteenth Amendment's equal protection clause to gender or sexual distinctions.
For example, despite its reference to “state [s],” the Clause has been read into the Fifth Amendment to prevent the federal government from discriminating as well. Near the end of the nineteenth century, the Court considered whether racial segregation by the government violated the Constitution.
Without the ERA, litigation challenging sex discrimination primarily grounded its arguments in the Fourteenth Amendment, which guarantees “equal protection of the law” to all “persons born or naturalized in the United States.”
Does the Fourteenth Amendment prohibit gender discrimination? Yes and no. Though it technically does not make gender discrimination illegal, the Fourteenth Amendment guarantees people of all genders equal treatment and due process under the law.
The Fourteenth Amendment to the Constitution, ratified in the wake of the Civil War, provides in part that “No state shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
Strong majorities of the U.S. Supreme Court over more than four decades have made clear that the 14th Amendment, which guarantees “equal protection of the laws,” encompasses protections against...
Fourteenth Amendment, Section 1: 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 Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used -- and frequently litigated -- phrase in the amendment is "equal protection of the laws", which figures prominently in a wide variety of landmark cases, including Brown v.