5.4 Equal Protection for All

Notes

The equal protection clause and civil rights laws apply to many groups. Courts use different levels of review.

• Strict scrutiny for classifications by race or national origin: the law must serve a compelling interest and be narrowly tailored.
• Intermediate scrutiny for classifications by sex: the law must serve an important interest.
• Rational basis for most other laws, such as age: the law must be reasonably related to a legitimate goal.
• Title IX (1972): bans sex discrimination in schools that receive federal funds, including school sports.
• Americans with Disabilities Act (1990): bans discrimination against people with disabilities and requires reasonable accommodations.
• ***Korematsu v. United States* (1944) upheld Japanese American internment in World War II. Congress apologized and paid reparations in the Civil Liberties Act of 1988**, and the Court later said Korematsu was wrongly decided.
• ***Obergefell v. Hodges* (2015)**: states must license and recognize same-sex marriages.
• ***Students for Fair Admissions v. Harvard* (2023)**: race-conscious college admissions programs violate the equal protection clause.