Legal Definitions - equal protection under the law

Equal protection under the law is a fundamental legal principle ensuring that the government treats all individuals in similar situations in the same manner. It means that laws and government actions cannot unfairly discriminate against people based on characteristics such as race, religion, national origin, gender, or other protected classifications. While the government can create different classifications for different groups of people, these classifications must serve a legitimate government purpose and be applied fairly, without arbitrary or malicious intent.

Here are some examples illustrating this principle:

• Example 1: Access to Public Services

  Imagine a city government decides to allocate significantly more funding for street repairs, park maintenance, and public library services to neighborhoods with higher average incomes, while consistently neglecting similar services in lower-income neighborhoods. This would likely violate the principle of equal protection. The government is treating residents in similar situations (taxpayers needing public services) differently based on an arbitrary classification (neighborhood income level), which could disproportionately affect certain demographic groups. All residents, regardless of their neighborhood's economic status, should receive a fair and equitable share of public services funded by their taxes.

• Example 2: Professional Licensing

  Consider a state board responsible for issuing professional licenses, such as for doctors or engineers. If this board routinely denies licenses to qualified applicants solely because of their sexual orientation or gender identity, even when they meet all educational, experience, and examination requirements, it would be a violation of equal protection. The state government, through its licensing board, would be applying its laws (licensing requirements) unequally, discriminating against a group based on a protected characteristic without a legitimate government purpose for such differential treatment.

• Example 3: Voting Rights

  Suppose a state passes a new law requiring all voters to present a specific, newly designed photo identification card that is only available at a single government office in the state capital, which is hundreds of miles away for many rural residents. Furthermore, the office is only open during limited weekday hours, making it difficult for individuals who work hourly jobs or lack transportation to obtain the ID. This law could be challenged under equal protection. Even if the law appears neutral on its face, its practical effect could disproportionately burden certain groups of eligible voters (e.g., low-income individuals, the elderly, or those in remote areas), effectively treating them differently from others. If the state's stated purpose (like preventing voter fraud) could be achieved through less restrictive means, or if the burden is so severe as to effectively disenfranchise a group, it could be seen as an unequal application of voting laws, violating the principle of equal protection.