Equality/Equal Protection The Role of Law in America's Quest for Equality (Model Op-Ed, 655 words) "We hold these truths to be self-evident, that all men are created equal." This was the revolutionary creed of a revolutionary document, the Declaration of Independence. Yet what, exactly, did "equal" mean to the founders? Well, it meant that America would dispense with inherited privilege like titles of nobility, but it certainly did not mean that men and women were equal in the eyes of the law (women could not vote, for example), nor 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. We have not achieved a society in which gender or race has no effect on our prospects in life, and of course differences in family income create a very unequal playing field. No one could doubt, however, that we've come a long, long way. Now, more than ever in our history, the great words of the Declaration are closer to reality. As we celebrate our freedoms this Law Day, May 1, we should remember that the law had—and continues to have—a huge role in striking down discrimination and helping us reach toward equality. This process is reflected in our great founding document, the Constitution. Yes, it prohibited titles of nobility, but it also indirectly acknowledged and countenanced slavery by counting three-fifths of "other persons" for the purpose of apportioning seats in the House of Representatives. 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). The Fourteenth Amendment is the broadest and most far reaching of the three. For one thing, it says that no state shall "deprive any person of life, liberty, or property, without due process of law." By referring to "persons" it casts a wide net, over all Americans of both sexes and all colors, and even over corporations (persons under the law) and persons living in the United States but not citizens. The guarantee of "due process of law" provides to all people all the great protections of the rule of law—such as the right to notice of charges and a fair and open trial, with the assistance of counsel, and the right to call and confront witnesses. Due process rights such as these provide that Americans will be protected against the tyranny of overreaching, arbitrary government that is above the law. By guaranteeing "equal protection of the laws" the Fourteenth Amendment assures Americans that laws will not arbitrarily discriminate against individuals or groups. The thrust of this amendment has been carried forward in major state and federal civil rights legislation that protects Americans from racial discrimination in employment and public accommodations, protects Americans from age discrimination, and protects the rights of those with disabilities. It is often said that real change in how people treat each other has to come from within. Attitudes have to shift, old prejudices have to die out. However, that line of reasoning overlooks the role of law as teacher, of law as the distillation of community values. People change laws—and laws change people. Because of laws, new standards are established and people are expected to conform to those standards. As our country becomes more diverse, we must strive to make equal opportunity a reality. The law and our legal system must continue to reflect the hopes and aspirations of all our people, as reflected in the Declaration of Independence and the expanded Constitution. This Law Day, as we celebrate our freedoms as Americans, let us rededicate ourselves to working toward making rhetoric and reality one. Speech Ideas/Talking Points Home | Equality/Equal Protection Home Tips on Volunteering Home