What is the scope of equal protection rights under the US Constitution?

The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution guarantees that everyone is equal before the law. This means that no one can be subject to discriminatory treatment based on race, gender, religion, or any other class protected by the law. The Supreme Court has interpreted the meaning of this clause to provide an increasingly broad scope of protection to people in the United States. The protection of equal rights is viewed in two different contexts. The first is called “strict scrutiny,” which requires legislation to be “narrowly tailored to serve a compelling government interest.” This standard of protection applies to fundamental rights, such as the right to marry, procreation, and the right to vote. Examples of legislation that fail this stringent standard would be that which seeks to create a “suspect class,” or one based on a personal characteristic such as race, gender, or religion. The second context is called “rational basis scrutiny,” which requires that legislation is “rationally related to a legitimate government interest.” This standard of protection applies to legislation that does not target a fundamental right. Examples of legislation that fails this less stringent standard would be that which creates arbitrary distinctions between people, or that seek to disadvantage a particular class of people. Overall, the scope of protection provided by the Equal Protection Clause is quite broad. As the Supreme Court continually expands the scope of protection under this clause, it becomes increasingly difficult for legislation to pass either form of scrutiny.

What is the scope of equal protection rights under the US Constitution?

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