{"database": "openregs", "table": "crs_reports", "rows": [["IG10094", "Constitutional Equal Protection Analysis", "2026-04-28T04:00:00Z", "2026-04-29T10:23:03Z", "Active", "Infographics", "April J. Anderson", "Fifth Amendment, Equal Protection, Jurisprudence, Civil Rights & Liberties", "/\nConstitutional Equal Protection Analysis\n\"No State shall ... deny to any person within its jurisdiction the equal protection of the laws.\" - U.S. CONST. amend. XIV S 1 \nOBLIGATION \nEqual protection obligations apply to the federal government through the Fifth Amendment. \nRESTRICTION \nEqual protection restricts the ways the government can classify similarly situated individuals. \nJUSTIFICATION \nThe justification required (called the level of scrutiny) depends on the type of classification. \nIs a statute, regulation, or other government action singling someone out for a burden or a benefit? \nYES What is the basis for the different treatment? \nNO \nThe government can make some distinctions, for example reporting race and sex in census data, without equal protection review. \nKind of classification Race, Color, National Origin, Alienage, or Ancestry* \nNational origin, alienage, and ancestry are only sometimes included in this group. \nLevel of scrutiny Strict Scrutiny \nNarrowly tailored to serve A compelling government interest \n(Often, the claimed government interest is to remedy past discrimination) \nThis level of review is stringent and very difficult for the government to satisfy. \nSex, Gender, Nonmarital Children \nThe Supreme Court has yet to decide whether this category includes sexual orientation or gender identity. \nIntermediate Scrutiny \nM Substantially related to, An important government objective \nThis level of review is easier for the government to meet than strict scrutiny but requires more careful assessment than rational basis review. \nOther Reasons \nExamples include classifications based on income, disability, or veteran status. \nRational Basis Review \nM Reasonably related to A legitimate government interest \nThis standard is relatively easy to satisfy. \nActivities Violating Equal Protection \nExamples: Students for Fair Admissions, Inc. v. President & Fellows of Harvard coll., 600 U.S. 81 (2023) \nHolding, among other things, that university racial admissions preferences were not narrowly tailored to serve an interest in promoting diversity. \nCraig v. Boren, 429 U.S. 190 (1976)\n State's sex-based age limits for beer sales were not substantially related to a government interest in \ntraffic safety. \nCity of Cleburne, Tex. v. Cleburne Living Ctr., 473 U.S. 432 (1985) \nCity\u2019s ban on group homes for people with disabilities failed rational basis review because it was based on prejudice against disability. \n*The Court has been more deferential to federal (as opposed to state) classifications based on alienage, typically reviewing challenges under a less stringent, rational basis standard. Fiallo v. Bell, 430 U.S. 787, 792 (1977). Using ancestry sometimes, but not always, triggers strict scrutiny. Native American identity is a race or ancestry category subject to strict scrutiny, but tribal membership can be a political category subject to rational basis review. Morton v. Mancari, 417 US. 535, 552 (1974). \nInformation as of April 28, 2026. Prepared by April Anderson, Legislative Attorney, and Mari Lee, Visual Information Specialist. For more information, see CRS lnFocus IF 12391, Equal Protection: Strict Scrutiny of Racial Classifications (2023). \n", "https://www.congress.gov/crs_external_products/IG/PDF/IG10094/IG10094.1.pdf", "https://www.congress.gov/crs_external_products/IG/HTML/IG10094.html"]], "columns": ["id", "title", "publish_date", "update_date", "status", "content_type", "authors", "topics", "summary", "pdf_url", "html_url"], "primary_keys": ["id"], "primary_key_values": ["IG10094"], "units": {}, "query_ms": 0.4446309758350253, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}