More
on the Equal = Same Dillemma
"No
State shall … deny to any person within its
jurisdiction the equal protection of the laws."
—Equal Protection Clause of the Fourteenth
Amendment |
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When you first read
this excerpt from the Fourteenth Amendment, its meaning seems
clear. The states (as well as the federal government by implication)
must treat people equally. It is easy to assume that we all
know what the term "equal" means, but sometimes
what it means to be equal is not so clear. People have different,
and legitimate, understandings of what it means to be equal.
This helps us understand why the Supreme Court of the United
States has had so much trouble interpreting the Fourteenth
Amendment.
For
example, we all expect our doctors to treat everyone equally.
Imagine that you went to the doctor complaining of a headache.
After the doctor examined you, she determined that you had
a brain tumor, and she advises that you take two aspirin
and get some bed rest. You are shocked. Shouldn't you have
an operation or some other treatment to get rid of the tumor?
"No," the doctor replies, because she prescribes
aspirin to all of her headache patients. After all she must
treat everyone equally, right?
Here's
another example. There are probably students with disabilities
in your school. Most schools have special accommodations
like ramps at the entrance, larger bathroom stalls for wheelchairs,
and special education teachers. This means that some students
are treated differently from others. But the different treatment
helps those students get an equal education.
These
are two examples of how different treatment can lead to
equal treatment. However, no one would deny that sometimes
treating people equally means treating them exactly the
same. For instance, if two people, and man and a woman applied
for a job as a shoe sales person, we would expect that they
would be given the same chance for the job.
You
can probably see how conflicting ideas about what it means
to treat people equally could present problems for a court.
When the Supreme Court of the United States must decide
cases where people who have been treated differently sue
claiming a violation of their Fourteenth Amendment, the
justices must determine whether the different treatment
leads to inequality. This is not an easy task.
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