equal protection

noun

|Updated on: 11 Jul 2018

Definition of equal protection

: a guarantee under the 14th Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances

Recent Examples of equal protection from the Web

Central both to the idea of the rule of law and to our own Constitution’s guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance.

— nancy l. combs, Vox, "An optimist and yet a realist: a former clerk to Justice Kennedy considers his legacy," 30 June 2018
The 4-3 decision, in which Kennedy sided with the majority, determined that such a program is legal under the equal protection clause of the 14th Amendment.

— kathryn watson, CBS News, "Historic cases decided by Justice Kennedy," 27 June 2018
Further, Skokie makes the unusual argument that Evanston’s higher rates would violate due process and equal protection rights guaranteed in the Fifth and 14th amendments of the U.S. Constitution — hence the federal lawsuit.

— genevieve bookwalter, chicagotribune.com, "After lawsuit, Evanston mayor says Skokie must 'pay its fair share' for Lake Michigan water," 26 June 2018
The states allege the border policy violates immigrants’ Fifth Amendment rights to equal protection under the law and due process.

— Fortune, "17 States Sue Trump Over Family Separation Policy," 26 June 2018
Principles such as equal protection under the law and due process of law protect life, liberty and property and trump instructions of the president to the DOJ and instructions of the DOJ to the FBI.

— chris stirewalt, Fox News, "Breaking: House hammers hard-line immigration bill," 21 June 2018
In 1868, Ohio and New Jersey rescinded approval for the 14th Amendment, which expanded birthright citizenship and equal protection of the law.

— robinson woodward-burns, Washington Post, "The Equal Rights Amendment is one state from ratification. Now what?," 20 June 2018
Most European constitutions have been updated in the twentieth century to include equal protections for women, but the U.S. has not.

— stephanie russell-kraft, The New Republic, "Why the Equal Rights Amendment Still Matters," 14 June 2018
The football players accuse the school of violating their due process and equal protection rights by dismissing inconsistencies in Jane Doe’s narrative and ignoring exculpatory evidence, among other issues.

— rachel bachman, WSJ, "Football Players Sue University of Minnesota Over Sexual-Assault Investigation," 9 June 2018

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'equal protection.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

First Known Use of equal protection

1868

in the meaning defined above

See Words from the same year

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Law Dictionary

equal protection

noun

legal Definition of equal protection

: a guarantee under the Fourteenth Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances — called also equal protection of the law; see also rational basis test, strict scrutiny, suspect classification

Note: The equal protection requirement of the Constitution protects against legislation that affects individuals differently without a rational basis for doing so. In reviewing claims of denial of equal protection, a court will uphold legislation that has a rational basis unless the legislation affects a fundamental right or involves a suspect classification, such as race. In such a case, the court will use a strict scrutiny standard of review and will strike down legislation that does not show a compelling need for discriminating.