The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any StateĀ ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.
Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause.
This drawing by E. W. Kemble shows a sleeping Congress with a broken Fourteenth Amendment. It makes the case that Congress ignored its constitutional obligations to Black Americans.
The Court that decided Plessy
The U.S. Supreme Court Building opened in 1935, inscribed with the words "Equal Justice Under Law" which were inspired by the Equal Protection Clause.
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Loving v. Virginia (1967) regarding interracial marriage, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, Obergefell v. Hodges (2015) regarding same-sex marriage, and Students for Fair Admissions v. Harvard (2023) regarding race-based college admissions. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.
U.S. Senator from Michigan Jacob M. Howard, author of the Citizenship Clause
Rep. John Bingham of Ohio was the principal author of the Equal Protection Clause.
Thurgood Marshall served as chief counsel in the landmark Fourteenth Amendment decision Brown v. Board of Education (1954).
Senate and House votes on the Fourteenth Amendment