Fourteenth Amendment and Equal Protection Cases

Fourteenth Amendment

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.

Equal Protection Clause

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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 laws.

Equal protection analysis/methodology

A framework used to evaluate whether individuals or groups are being discriminated against.

Class or group of individuals subject to discrimination

Includes race, sex, age, and sexual orientation.

State action

Actions taken by government entities that are subject to constitutional protection.

Civil Rights Act of 1964

A landmark piece of legislation that prohibits discrimination on the basis of race, color, religion, sex, or national origin.

Plessy v. Ferguson (1896)

Established the 'separate but equal' doctrine, allowing for racial segregation.

Separate but equal doctrine

Legal doctrine that justified racial segregation as long as the separate facilities were considered equal.

Brown v. Board of Education (1954)

Ruled that separate educational facilities are inherently unequal, thus unconstitutional.

Swann v. Charlotte-Mecklenburg Board of Education (1971)

Court case that allowed broad powers for district courts to implement desegregation in the event of de jure segregation.

De facto segregation

Segregation that occurs in practice, even if not mandated by law.

De jure segregation

Segregation that is enforced by law.

Milliken v. Bradley (1974)

Ruled that schools not 'intentionally' segregated cannot be forced to integrate.

Interracial marriage

Marriage between individuals of different races.

Loving v. Virginia (1967)

Ruled that state bans on interracial marriages are unconstitutional; marriage is a fundamental right.

Affirmative Action

Policies that take race, among other factors, into account to promote equal opportunity.

Regents of University of California v. Bakke (1978)

Held that strict quotas in college admissions are unconstitutional, but race can be a factor alongside other factors.

Croson (1989) and Adarand (1995)

Invalidated affirmative action plans that used race as a consideration, subjecting them to strict scrutiny.

Affirmative Action for minority-owned contractors

Policies aimed at increasing opportunities for contractors owned by minorities.

Grutter (2003), Gratz (2003), Parents Involved (2007), and Fisher v.

Cases that revisited the use of affirmative action in college admissions.

Strict scrutiny

A standard of judicial review that applies when a law or policy discriminates based on race, requiring that the law serves a compelling state interest and is narrowly tailored to achieve that interest.

Grutter and Fisher

Cases that established that race can be one of many considerations in admissions policies to achieve racial diversity.

Points systems

Methods of evaluating applicants based on specific criteria, which have been ruled unconstitutional in the context of race-based admissions.

Racial tiebreakers

Policies that use race as a deciding factor when applicants are otherwise equally qualified, deemed unconstitutional.

Affirmative action programs

Policies that consider race as a factor in admissions, ruled unconstitutional for seeking to achieve racial targets.

Zero-sum nature of using race

The concept that giving advantages to one racial group directly disadvantages another, negatively affecting certain groups based on race.

Stereotyping individuals within a race

Policies that assume all members of a race think or behave the same way, which are considered discriminatory.

Indefinite time horizon

Policies without a sunset provision, meaning they do not have a set end date, which can lead to ongoing discrimination.

Racial diversity as a compelling government interest

The assertion that promoting racial diversity is no longer considered a compelling interest by the government.

Reed v. Reed (1971)

A case ruling that laws cannot give preference to husbands over wives in estate administration, establishing unconstitutional discrimination.

Rational basis

A standard of review that requires distinctions based on sex to be reasonably related to a legitimate state objective.

Frontiero v. Richardson (1973)

A case where the Supreme Court ruled against unconstitutional discrimination regarding military benefits for husbands of female officers.

Craig v. Boren (1976)

A case ruling that established intermediate scrutiny for laws that discriminate based on sex, specifically regarding different drinking ages.

Intermediate scrutiny

A standard of judicial review that requires laws discriminating based on sex to serve important governmental objectives and be substantially related to those objectives.

Assumptions about the relative positions of the sexes

The idea that societal roles of men and women can justify certain legislative distinctions, but must be supported by evidence.

Alimony obligations for men only

A legal issue concerning whether laws that impose alimony obligations solely on men are discriminatory.

Sex discrimination

The practice of treating individuals differently based on their sex, which can lead to legal challenges and rulings against such practices.

Legal Doctrine

The principles and rules established through judicial decisions that guide future cases and legal reasoning.

Unconstitutional discrimination

Discrimination that violates constitutional principles, often leading to legal challenges and court rulings.

Heightened scrutiny

A standard of review applied to laws that discriminate based on sex, requiring a closer examination of the law's justification.

Civil law and nature

Historical perspectives that have defined the roles of men and women in society, often leading to legal distinctions.

Gender as a proxy for need

Using gender as a basis to determine financial or other needs in legal contexts.

Domestic sphere

The traditional role assigned to women, often linked to family and home responsibilities.

Natural and proper timidity and delicacy

Historical views that suggest women are inherently unfit for many occupations due to their nature.

25 year provision

A reference from Grutter's ruling suggesting that affirmative action policies should have a review or sunset provision after 25 years.

Orr v. Orr (1979)

Unconstitutional discrimination; sex not an 'accurate proxy' for financial need.

Weinberger v. Wiesenfeld (1975)

Unconstitutional discrimination; law must ensure that a surviving spouse, regardless of sex, be able to take care of family.

Califano v. Goldfarb (1977)

Unconstitutional discrimination; law must ensure that a surviving spouse, regardless of sex, be able to take care of family.

Rostker v. Goldberg (1981)

Constitutional discrimination; Court rules differences b/w men and women matter for combat duty; law reasonably related to govt interest in raising combat troops.

J. E. B. v. Alabama ex rel. T. B. (1994)

Unconstitutional discrimination; gender cannot be sole basis for peremptory strikes; gender not a proxy for bias.

Mississippi University for Women v. Hogan (1982)

Unconstitutional discrimination regarding state-run all-female school.

U.S. v. Virginia (1996)

Unconstitutional discrimination; VMI's all-male policy violates 14th EPC. The all-female VWIL also in violation.