What groups are not protected by the Equal Protection Clause?

Asked by: Dr. Jimmy Spencer III  |  Last update: September 4, 2025
Score: 4.6/5 (43 votes)

In light of the history of the Equal Protection Clause, it is no surprise that race and national origin are suspect classifications. But the Court has also held that gender, immigration status, and wedlock status at birth qualify as suspect classifications.

What groups are protected by the Equal Protection Clause?

These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality, and the equal protection of the laws is a pledge of the protection of equal laws.

Do all groups really have equal protection under the law?

The Equal Protection Clause requires the government to have a valid reason for any law or official action that treats similarly-situated people or groups of people differently.

What does Equal Protection Clause prohibit?

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.

What are the protected classes under the Equal Protection Clause?

The Equal Protection Clause of the 14th Amendment , imposes a restraint on the governmental use of suspect classification. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage. However, this is not an exhaustive list.

Equal Protection: Crash Course Government and Politics #29

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What are not protected classes?

What Is Not Considered a Protected Class? Groups not explicitly outlined in federal anti-discrimination laws do not fall under protected classes. For example, discrimination based on political affiliation, physical appearance, or income level is generally not protected under federal law.

Does the Equal Protection Clause apply to non-citizens?

Nonetheless, the Equal Protection Clause (as well as the Due Process Clause) makes no distinction in its text between the protections it affords citizens and non-citizens.

What violates Equal Protection Clause?

Under the equal protection clauses of the United States and Georgia Constitutions, the government is required to treat similarly situated individuals in a similar manner. The doctrine of equal protection is triggered only if similarly situated parties are treated differently.

Does the Equal Protection Clause apply to private businesses?

—The Fourteenth Amendment, by its terms, limits discrimination only by governmental entities, not by private parties.

What are the rules of Title IX?

Scope of Title IX

A recipient institution that receives Department funds must operate its education program or activity in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity.

Which group is not protected under the Equality Act?

It does not protect people who are single, divorced, widowed or have dissolved their civil partnerships. The Equality Act says you must not be discriminated against in employment because you are married or in a civil partnership.

Can deny to any person the equal protection of the laws?

The Clause provides that states must not “deny to any person ... the equal protection of the laws.” (Equal protection principles apply to the federal government through the Fifth Amendment's Due Process Clause.) At times, a government restriction may draw a distinction among people.

Does the law apply to everyone equally?

One important value in American society is that everyone has equal justice under the law. Another important idea is the “rule of law.” The rule of law means that everyone must obey the law and no one is above the law. This means that the government and its leaders must also obey the law.

What are considered protected groups?

Protected Classes
  • Race.
  • Color.
  • Religion (includes religious dress and grooming practices)
  • Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions)
  • Gender identity, gender expression.
  • Sexual orientation.
  • Marital status.

What cases use the Equal Protection Clause?

Below is a selection of Supreme Court cases involving equal protection, arranged from newest to oldest.
  • Students for Fair Admissions, Inc. v. ...
  • Obergefell v. Hodges (2015) ...
  • Schuette v. Coalition to Defend Affirmative Action (2014) ...
  • Fisher v. ...
  • Parents Involved in Community Schools v. ...
  • Grutter v. ...
  • Vacco v. ...
  • U.S. v.

What is the Equal Protection Clause Fiveable?

This clause serves as a fundamental principle ensuring that individuals are treated equally under the law, influencing various legal standards and societal norms regarding discrimination based on race, gender, and other characteristics.

What does the Equal Protection Clause prohibit?

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.

Does the Equal Protection Clause apply to private schools?

Supreme Court Bans Affirmative Action: California's Private Universities Must Stop Using Race in Admissions. In landmark ruling, Supreme Court throws out decades of precedent on race-based college admissions. BY JONATHAN VANKIN PUBLISHED JUL 1, 2023 11:01 A.M.

Are private companies protected by the First Amendment?

The First Amendment right to free speech generally protects private speech from governmental restrictions. It doesn't protect against speech restrictions imposed by private entities. Social media sites are generally owned and operated by private companies. As a result, they're not bound by the First Amendment.

What groups are protected under the Equal Protection Clause?

—“It has long been settled . . . that the term 'person' [in the Equal Protection Clause] encompasses lawfully admitted resident aliens as well as citizens of the United States and entitles both citizens and aliens to the equal protection of the laws of the State in which they reside.” 1854 Thus, one of the earliest ...

What are the protected classes in equal protection?

In light of the history of the Equal Protection Clause, it is no surprise that race and national origin are suspect classifications. But the Court has also held that gender, immigration status, and wedlock status at birth qualify as suspect classifications.

How do you determine whether a law violates the Equal Protection Clause?

Final answer: Courts use strict scrutiny, intermediate scrutiny, and rational basis scrutiny to determine if a law violates the equal protection clause. Strict scrutiny is for race or religion, intermediate for gender, and rational basis for most other discrimination types.

What are the requirements for equal protection?

U.S. Constitution

The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection. Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.

Do immigrants have the same rights as citizens?

Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

Do non-citizens have the right to bear arms?

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.