Equal Protection guarantees the right of individuals in similar situations to be treated in a similar manner. The related phrase “equal before the law” means that all persons have the right to an equal application of law under similar circumstances.
The Equal Protection Clause is clearly stated in the Fourteenth Amendment to the US Constitution, which reads, in part: “No state shall make or enforce any law which shall…deny to any person within its jurisdiction the equal protection of the laws.” This stipulation is repeated in many State constitutions as well.
Although the Equal Protection Clause was first added to the Constitution as a response to slavery and racial discrimination, later court decisions have applied the principle to land use decisions as well. For example, a zoning ordinance can be attacked if it unfairly limits the rights of an individual or group based on differences in race, national origin, religion, the exercise of free speech, the right to privacy, or other rights protected by the Constitution.
Further, an ordinance may be unconstitutional if it singles out a particular person or group for an advantage or disadvantage not available or imposed upon other similarly-situated persons.
Mary Ann Heidemann, Michigan State University
