What Is the Equal Protection Clause in the 14th Amendment?

As part of our continued mission to help the American people better understand their own rights, it’s important to look at the very guiding document that established much legal precedent in this country: The Constitution. We recently explored what rights the First Amendment grants to the people, and, as we go further through the rights granted via constitutional amendment, we will now explore a key part of the 14th Amendment: The Equal Protection Clause.

This amendment and clause set the bedrock for much of America’s modern civil rights discussions. It’s important to equip yourself with the knowledge of your own rights so you can both proactively and reactively protect them should the moment arise.

Where Does the Equal Protection Clause Come From?

The following is the full text of Section 1 of the 14th Amendment, which establishes Equal Protection:

“Section 1.

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

The first section of the amendment lays out the foundation for modern civil rights. It sets the rules for who belongs to this country, how governments must treat people when liberty or property is on the line, and, critically, that the government must apply its laws evenly. Courts read this section as a command to every state: rules cannot be written or enforced in a way that targets groups unfairly.

Many current issues trace back to this single paragraph, including voting access debates, disputes about ICE and Border Patrol practices, LGBTQ+ rights litigation, and public-school policy challenges. The promise made in 1868 continues to guide some of the hardest conversations happening today.

Who Is Owed Equal Protection Under the 14th Amendment?

Equal protection applies to anyone within a state’s reach. Citizenship is not the dividing line here; the amendment protects every “person,” and courts take that word seriously. People living here lawfully, people without documentation, minors, and people passing through on travel, all fall under this guarantee. This is a fact that the Trump administration and its border enforcement activities throughout non-bordering cities in the U.S. have attempted to dispute.

The idea is straightforward in the eyes of most: the government can treat groups differently only when it has a solid, legitimate reason tied to an actual public interest. When a state draws a line that touches on race, national origin, gender, or another classification tied to a history of discrimination, courts scrutinize the rule more closely. In our work throughout Maryland, DC, Virginia, and Florida, we see how quickly these issues surface in policing, education, correctional settings, and public employment. Wherever government decisions shape people’s futures, equal protection stands as a constitutional guardrail.

How Equal Protection Claims Actually Work

Most equal protection cases begin with a pattern that doesn’t look right. Maybe police officers stop one group more often than others. Maybe border agents are approaching random people who “appear” to be Hispanic in an attempt to generate a deportation. Maybe a school disciplines certain students more harshly for the same type of conduct. Maybe a government office approves benefits for some applicants while making the same process far harder for others.

The law requires courts to examine the government’s stated reason for the difference. Sometimes the justification aligns with a real policy need. Other times, the explanation collapses under scrutiny.

When the state targets a protected class or restricts a fundamental right, courts demand a far stronger justification. A public employer cannot punish workers differently based on who they are. A school cannot enforce a rule that falls disproportionately on one gender. A city cannot design voting procedures that hit certain communities harder. Discrimination takes many forms, subtle, obvious, or somewhere in the middle. As an LGBT+ owned and veteran-owned firm, we understand how these patterns play out for real people living real lives.

Upholding the Rights of the People

The Equal Protection Clause protects every person against government actions that stem from intentional or unintentional unfair treatment. When the state crosses that line, you deserve advocates who stand firmly at your side. Our team works to protect people facing discrimination in policing, employment, education, public services, or any other area where government holds power. Contact Justly Prudent for the legal support you need to enforce your constitutional rights.