Right to equal protection
Encyclopedia
The Right to Equal Protection is a concept that was introduced to into the Constitution of the United States
during the American Civil War
. It is intended to protect the rights provided by the United States Constitution for all individuals regardless of race, ethnicity, gender, etc. It is fundamentally based on the Fourteenth Amendment
of the Constitution, intended to secure rights for former slaves. The Constitution is claimed to uphold racial
and gender equality
, but until the 1950s, enforcing slavery
, segregation
, and gender inequality
were a major aspects of the history of the American federal government.
" doctrine was constitutional in the case Plessy v. Ferguson
. Although the Fourteenth Amendment abolished slavery, and intended to end racial segregation
, the Southern States initiated Jim Crow Laws
, which segregated people of color in public schools, public transportation, restaurants, etc. The ruling in Plessy v. Ferguson meant that as long as facilities for both colored and white individuals was equal, it was constitutional. In 1954, the ruling of Plessy v. Ferguson was overturned in the Supreme Court case Brown v. Board of Education
. The Supreme Court determined that the establishment of separate schools for whites and blacks inherently unequal, and as a result unconstitutional. This ruling put an end to segregation on the basis of equal rights of protection.
These court cases however had no bearing on women's suffrage
or equality. The Nineteenth Amendment
of the United States Constitution legislates that neither the individual states of the United States nor its federal government may deny a citizen the right to vote because of the citizen's sex.
(ERA), which would grant equal rights to women
, has been a proposed amendment to the United States Constitution since 1972. Having failed to meet the deadline requirements for passage incorporated into the original proposed amendment, efforts to reintroduce and ratify similar amendments have come before Congress every year since 1982.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. It is intended to protect the rights provided by the United States Constitution for all individuals regardless of race, ethnicity, gender, etc. It is fundamentally based on the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
of the Constitution, intended to secure rights for former slaves. The Constitution is claimed to uphold racial
Racial equality
Racial equality means different things in different contexts. It mostly deals with an equal regard to all races.It can refer to a belief in biological equality of all human races....
and gender equality
Gender equality
Gender equality is the goal of the equality of the genders, stemming from a belief in the injustice of myriad forms of gender inequality.- Concept :...
, but until the 1950s, enforcing slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
, segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
, and gender inequality
Gender inequality
Gender inequality refers to disparity between individuals due to gender. Gender is constructed both socially through social interactions as well as biologically through chromosomes, brain structure, and hormonal differences. Gender systems are often dichotomous and hierarchical; binary gender...
were a major aspects of the history of the American federal government.
Constitutional basis of equal rights
In 1896, the United States Supreme Court determined that the "separate but equalSeparate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...
" doctrine was constitutional in the case Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
. Although the Fourteenth Amendment abolished slavery, and intended to end racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
, the Southern States initiated Jim Crow Laws
Jim Crow laws
The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans...
, which segregated people of color in public schools, public transportation, restaurants, etc. The ruling in Plessy v. Ferguson meant that as long as facilities for both colored and white individuals was equal, it was constitutional. In 1954, the ruling of Plessy v. Ferguson was overturned in the Supreme Court case Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
. The Supreme Court determined that the establishment of separate schools for whites and blacks inherently unequal, and as a result unconstitutional. This ruling put an end to segregation on the basis of equal rights of protection.
These court cases however had no bearing on women's suffrage
Women's suffrage
Women's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...
or equality. The Nineteenth Amendment
Nineteenth Amendment to the United States Constitution
The Nineteenth Amendment to the United States Constitution prohibits any United States citizen to be denied the right to vote based on sex. It was ratified on August 18, 1920....
of the United States Constitution legislates that neither the individual states of the United States nor its federal government may deny a citizen the right to vote because of the citizen's sex.
Right to equal protection in the workplace
In recent years equal protection of citizens within the workplace has become a major issue. As a result of various amendments, citizens can not be discriminated in work places based upon terms of gender, ethnicity, race, height, or any other differences. For example, a citizen whom is really short and scrawny can not be denied a job in a police force based upon his size.Equal Rights Amendment
An Equal Rights AmendmentEqual Rights Amendment
The Equal Rights Amendment was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time...
(ERA), which would grant equal rights to women
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
, has been a proposed amendment to the United States Constitution since 1972. Having failed to meet the deadline requirements for passage incorporated into the original proposed amendment, efforts to reintroduce and ratify similar amendments have come before Congress every year since 1982.