This Day in History

On July 28, 1868, the 14th Amendment was formally adopted into the U.S. Constitution, ensuring citizenship rights and equal protection under the law to all persons born or naturalized in the United States, including former slaves. This amendment has played a crucial role in civil rights history, impacting legislation and Supreme Court decisions on matters including desegregation, voting rights, and same-sex marriage. Its adoption marked a significant advance in the American civil rights movement, setting a legal foundation that continues to influence societal norms and government policies.

The adoption of the 14th Amendment on July 28, 1868, marked a transformative moment in American history. Emerging from the tumultuous period of Reconstruction following the Civil War, the amendment was designed to address the legal status and rights of newly freed slaves and to enshrine principles of equality and justice into the Constitution. It comprises several key provisions that have had profound and lasting impacts on American society and jurisprudence.

The 14th Amendment’s first section is perhaps its most significant, establishing that “all persons born or naturalized in the United States” are citizens of the country and the state wherein they reside. This clause effectively overturned the Dred Scott v. Sandford decision of 1857, which had declared that African Americans could not be citizens. By affirming birthright citizenship, the amendment laid a crucial foundation for civil rights and inclusivity in the United States.

Beyond citizenship, the 14th Amendment’s Equal Protection Clause has been a cornerstone for the protection of individual rights against discrimination. It mandates that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” This clause has been instrumental in numerous landmark Supreme Court cases that have advanced civil rights, beginning with the desegregation of public schools in Brown v. Board of Education in 1954, which declared that “separate but equal” facilities were inherently unequal.

The Due Process Clause of the 14th Amendment, which states that no state shall “deprive any person of life, liberty, or property, without due process of law,” has also played a critical role in protecting individual rights. This clause has been interpreted to incorporate most of the protections found in the Bill of Rights, applying them to the states and ensuring that state governments, like the federal government, are held to high standards of legal fairness and justice.

In the realm of voting rights, the 14th Amendment has had significant implications. It provided the legal framework for subsequent amendments and legislation aimed at eliminating racial discrimination in voting. For instance, the Voting Rights Act of 1965, which aimed to remove barriers to voting for African Americans in the South, was based on the principles established by the 14th Amendment.

The amendment has also been pivotal in the fight for gender equality. The Supreme Court’s interpretation of the Equal Protection Clause has extended protections against gender discrimination, most notably in cases like Reed v. Reed (1971), which challenged laws that discriminated based on gender. This expansion of equal protection has supported broader efforts to achieve gender equality in various aspects of American life.

The 14th Amendment’s influence extends to issues of sexual orientation and same-sex marriage as well. The Supreme Court’s decision in Obergefell v. Hodges (2015), which legalized same-sex marriage nationwide, relied heavily on the Equal Protection and Due Process Clauses. The Court recognized that denying same-sex couples the right to marry violated their constitutional rights to equal protection and due process.

In addition to its impact on civil rights, the 14th Amendment has been crucial in the context of immigration and the rights of immigrants. The birthright citizenship provision has ensured that children born in the United States to immigrant parents are granted citizenship, thereby contributing to the country’s diverse and multicultural society. The amendment has also been invoked in legal battles over the treatment and rights of immigrants, shaping immigration policy and practices.

The adoption of the 14th Amendment also represented a profound shift in the relationship between the federal government and the states. By establishing that states must adhere to the principles of equal protection and due process, the amendment significantly expanded the power of the federal government to intervene in state affairs to protect individual rights. This realignment has been critical in addressing issues of state-sanctioned discrimination and injustice.

The amendment’s broad and inclusive language has allowed for its principles to be applied to a wide array of issues over time, reflecting the evolving understanding of equality and justice. It has provided a legal foundation for addressing new and emerging forms of discrimination, ensuring that the Constitution remains a living document capable of protecting the rights of all Americans.

The legacy of the 14th Amendment is evident in the ongoing efforts to achieve social justice and equality. Movements for racial justice, LGBTQ+ rights, gender equality, and immigrant rights continue to draw on the principles enshrined in the amendment. Its adoption has provided a powerful tool for activists, lawyers, and policymakers working to challenge inequality and expand civil rights.

The amendment’s passage also marked a critical moment in the American civil rights movement, providing hope and legal recourse for those fighting against systemic discrimination and injustice. It set a precedent for future generations to build upon, inspiring continued efforts to create a more just and equitable society.

In the broader context of American history, the 14th Amendment stands as a testament to the country’s ability to evolve and address its foundational principles. It reflects the ongoing struggle to live up to the ideals of liberty, equality, and justice for all. Its adoption was a significant advance in the pursuit of a more perfect union, demonstrating the nation’s commitment to protecting the rights of all its citizens.

Today, the 14th Amendment continues to be a vital part of the constitutional landscape. Its principles guide contemporary legal debates and policy decisions, ensuring that the pursuit of equality and justice remains central to the American legal system. The amendment’s enduring relevance underscores the importance of its adoption and the profound impact it has had on shaping the nation’s commitment to civil rights.