Study Notes on Equal Protection Clause

Equal Protection Clause and Diversity in Education

• Introduction to Equal Protection Clause

  • Overview of the equal protection clause from the Fourteenth Amendment.

  • Historical context of the Brown v. Board of Education decision (1954) and its impact.

• Post-Brown Affirmative Action Programs

  • Affirmative action programs were instituted by several states to promote diversity, especially in education.

  • This movement was significantly influenced by the Civil Rights Act of 1964, which was a critical piece of legislation aimed at securing civil rights for marginalized groups, marking a major progress compared to the period following Reconstruction.

  • Significance of the Civil Rights Act of 1964:

    • First important federal civil rights legislation in approximately 80 years.

    • Prohibited discrimination based on race, color, or national origin in federally assisted programs.

    • Title VI played a crucial role in prompting states to develop affirmative action programs.

• Nature of Affirmative Action

  • Programs aimed to actively desegregate educational institutions and level the playing field for minorities.

  • Public schools received federal and state funding, making them subject to the regulations of the Civil Rights Act.

  • Challenges existed, especially in graduate programs that were predominantly enrolling white students.

  • States established affirmative action programs with the aim of increasing diversity in higher education.

  • Legal challenges emerged regarding the fairness of affirmative action, particularly concerning its impact on white applicants.

• Key Supreme Court Case: University of California v. Bakke (1978)

  • Background of the Case:

  • Alan Bakke, a qualified applicant, was rejected twice by UC Davis' medical school, alleging that this was due to the university’s affirmative action policy.

  • The policy set aside specific slots exclusively for applicants of color.

  • Mechanics of the UC Davis Affirmative Action Program:

  • Out of 32 available slots, 10 were reserved solely for minority students; minority students could apply for all 32, whereas white students could only compete for the remaining 22 slots.

  • Bakke’s Legal Arguments:

  • Claimed violations of the Equal Protection Clause and the Civil Rights Act of 1964.

  • Supreme Court Decision:

  • The Court ruled with an 8-1 majority, concluding that while using race as a criterion in admissions is constitutional, the specific quota system set by UC Davis was unconstitutional.

  • Key Points from the Decision:

    • Race can be a plus factor in admission decisions, but not to a degree that it denies individuals the ability to compete for particular slots.

    • The program was criticized as it effectively discriminated against white applicants.

    • Quotas, as part of admissions processes, were found to not reflect a substantial state interest that outweighs the individual’s right to fair consideration.

    • The judgment led to significant recalibration of affirmative action policies in educational institutions nationwide.

• Other Related Cases and the Implications of the Equal Protection Clause

  • Introduction to the next cases to discuss involving the Equal Protection Clause, such as the impact on elections and marriage equality.

Election of 2000 and Bush v. Gore

• Background on the 2000 Presidential Election

  • A historically contentious election primarily decided by Florida's electoral votes.

  • Discussion of the concept of a “minority president,” where the winning candidate secured less nationwide popular vote than the opposing candidate.

• Voting Process Issues and Challenges in Florida

  • Paper ballots and the controversy over “hanging chads.”

  • Problems arose from varying standards across Florida counties for determining valid votes, raising equal protection issues regarding the fairness of counting ballots.

• Legal Proceedings and the Supreme Court's Involvement

  • The Florida Supreme Court directed that a statewide recount be conducted.

  • The Bush legal team challenged this decision, claiming violations of the due process and equal protection clauses.

  • The Supreme Court found that the disparate standards for counting votes in Florida counties represented a violation of the equal protection clause.

  • Ultimately, the Court ruled that the flawed recount process violated the equal protection rights of voters.

  • Summary of the Ruling:

  • Inequities in vote counting methods across various counties resulted in unequal treatment of voters.

Obergefell v. Hodges (2015) and Marriage Equality

• Overview of the Case

  • Consolidation of multiple lawsuits challenging state bans on same-sex marriage.

  • Legal questions surrounding whether states must license and recognize same-sex marriages performed in jurisdictions where it was legal.

• Supreme Court Decision and Impact

  • The Court ruled that same-sex marriage was a constitutional right protected by the equal protection clause, recognizing it as fundamental to liberty under American law.

  • Emphasizes a journey away from historical inequalities and towards equal treatment in marriage rights.

  • Public opinion had shifted dramatically in favor of marriage equality leading up to the ruling.

  • Justice Kennedy’s statement:

  • “The right to marry is fundamental…it would disparage their choices and diminish their personhood to deny them this right.”

  • The decision made marriage equality a nationwide standard, highlighting the role of the equal protection clause in correcting long-standing inequalities under the law.

  • Explores the broader implications of the equal protection clause in advocating for freedom and equality for marginalized groups.