Glossary

Equal Protection Clause

The Fourteenth Amendment guarantee that no state may deny any person within its jurisdiction the equal protection of the laws.

Also called: equal protection, Fourteenth Amendment equal protection

The Equal Protection Clause is part of the Fourteenth Amendment, ratified in 1868 after the Civil War. It provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The Supreme Court has held that the Fifth Amendment's Due Process Clause imposes the same requirement on the federal government.

Courts apply the clause through tiers of review. Classifications by race or national origin receive strict scrutiny; sex classifications receive intermediate scrutiny; most other classifications receive rational basis review. Landmark decisions include Brown v. Board of Education (1954), which ended legal school segregation, and Students for Fair Admissions v. Harvard (2023), which held that race-conscious college admissions programs violated the clause.

The clause is at the heart of the debate over whether the Constitution is "colorblind." Many conservatives argue it forbids nearly all government racial classifications, including those meant to help disadvantaged groups, which bears on diversity, equity and inclusion programs. Others argue it permits measures designed to remedy past discrimination. It has also been invoked in redistricting, voting and Bush v. Gore (2000).

Last reviewed November 8, 2026

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Related terms

Strict scrutiny The most demanding test courts use, requiring a law to serve a compelling government interest by the least restrictive means. Intermediate scrutiny A middle tier of judicial review requiring a law to substantially advance an important government interest. Rational basis review The most deferential test courts use, upholding a law if it is rationally related to any legitimate government purpose. Privileges or Immunities Clause The Fourteenth Amendment clause barring states from abridging the privileges or immunities of U.S. citizens, largely dormant since 1873. Diversity, equity and inclusion (DEI) Organizational policies and programs aimed at diversity of people, equitable treatment and inclusion, which have become contested politically.