Equality/Equal Protection Tips for using these talking points How Law Protects Equality 1. The American ideal of equality goes back more than 200 years, before the Constitution, even before the nation formally existed. The Declaration of Independence asserted, "We hold these truths to be self-evident, that all men are created equal." 2. "Equality" has had different meanings over the years. From the earliest days of the republic, it has meant that we would not have inherited privilege such as titles of nobility (prohibited by the Constitution), but in the beginning it did not mean that men and women were equal in the eyes of the law (women could not vote, for example). It did not mean that the races were equal (the Constitution tacitly recognized slavery). It did not even mean that all white men had equal rights—for decades in many states the right to vote was tied to owning at least a certain amount of land. Discussion Questions What did "All men are created equal" mean at the time? Did the authors of the Declaration mean to exclude women? What does the phrase mean to us now? The Bill of Rights establishes a number of prohibitions against action by the federal government. Individuals are guaranteed free speech, freedom of religion, and such due process protections as the right to a speedy and public trial, by an impartial jury, with the assistance of counsel. As Americans, we're protected against unreasonable searches and seizures, double jeopardy, and being forced to testify against ourselves. Do these guarantees provide another form of equal treatment under the law? What is the interplay between "justice" and "equality"? The Role of Law 3. The law had—and continues to have—a huge role in striking down discrimination and helping us reach the goal of equality. 4. Amendments to the Constitution played a part. The Constitution of 1787 indirectly acknowledged and countenanced slavery by counting three-fifths of "other persons" for the purpose of apportioning seats in the House of Representatives. 5. The post-Civil War amendments ended that by abolishing slavery (Thirteenth Amendment), providing that the right to vote shall not be denied or abridged "on account of race, color, or previous condition of servitude" (Fifteenth Amendment), and guaranteeing to all persons "equal protection of the laws." (Fourteenth Amendment). 6. The Fourteenth Amendment is the broadest and most far reaching of the three. The Fourteenth Amendment in 1868 added specific protections against unequal treatment by state governments. "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." The Equal Protection Clause was crafted after the Civil War in order to give the newly freed slaves legal protection. But it was specifically worded to provide protection of the rights of all "persons." Thus it has been used in the defense of the rights of non-citizens. 7. By guaranteeing equal protection of the laws, the purpose of the Fourteenth Amendment was to assure Americans that laws will not arbitrarily discriminate against individuals or groups. Discussion Question The Equal Protection Clause is not intended to produce equality in society, but only the "equal application" of the laws. Why? What is the difference? Equal Protection in the Courts: Racial Discrimination 8. In the 1896 case Plessy v. Ferguson, 165 U.S. 537 (1896), the Supreme Court ruled that requiring railroads to provide separate cars for black and white passengers was not a violation of equal protection. The Court held that "separate but equal" did not indicate that one of the races was to be considered inferior. Justice Henry Billings Brown, writing for the majority, distinguished between forms of equality: "The object of the [Fourteenth] amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality. . . . If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane." Justice John Marshall Harlan was the only dissenter. His opinion included a very different view of the Constitution: "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens." 9. In 1954, the Supreme Court held that the Equal Protection Clause made segregation in the schools unlawful. In Brown v. Board of Education, 347 U.S. 483 (1954), the Justices unanimously found that "separate but equal" is "inherently unequal." This decision began the process of ending segregation in many spheres, including public buses, public parks and swimming pools, public libraries, etc. 10. The story does not end with Brown, of course. Civil rights legislation has brought the ideal of equality closer to reality. So have the many laws passed to assure equal opportunity in the workplace for women, persons of different races and ethnic backgrounds, and persons with disabilities, among many others. 11. Affirmative action programs have been instituted in many spheres of life, from employment to university admissions. These programs are sometimes controversial [Note: see Affirmative Action talking points for more] 12. Few would deny, however, that we are closer than ever in our history to a society of equal opportunity—protected by the law. Discussion Question What does "equal" mean to you? People are obviously very different, so what, exactly, do we mean by "equality?" Equality of opportunity? Equal treatment under law? Equal treatment for similarly situated individuals? Talking Points Tips One of the best ways to learn about the issues raised by Brown v. Board is to talk about them. Discussions can take many forms, ranging from a public conversation among community members and leaders to a single speaker making a presentation, a debate on a particular topic, or a moderated panel discussion. The talking points above provide quick bullets of information related to the key issues associated with this theme. You can use them to brief your speakers on the issues prior to their presentations, or you can use them to provide jumping-off points for panels and other discussions. We've provided questions that will help you involve the audience. Speech Ideas/Talking Points Home | Equality/Equal Protection Home Tips on Volunteering Home