The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." The Fourteenth Amendment Equal Protection Clause applies only to state governments, but the requirement of equal protection has been read to apply to the federal government as a component of Fifth Amendment due process. But are “All men created equally” in the eyes of the federal government? No, most laws are not enforced equally amongst people, organizations, corporations, and government.
For instance, ObamaCare funds are not distributed equally amongst the states on a per capita basis. For this reason, it is easier for some states to implement the law while other states are opting out from setting up Medicaid exchanges. Other provisions of the law favor unions over other groups of people; taxes on medical devices and equipment will hit seniors the hardest; and reducing healthcare savings accounts will affect families with special needs children the most. There is even a provision exempting government workers from ObamaCare. ObamaCare itself places the onus of healthcare reform solely on insurance companies whereas individuals, the government, companies (big Pharma), and other groups have no responsibility to lower healthcare costs. If any law were applied equally amongst all, the legislation would not have to be 2,500 pages long consisting of carve outs and earmarks bartered by lobbyists.
Social security is not applied to government workers who are instead treated with pension plans where most will withdraw more than they put in. On the other hand, individuals only receive what they put into corporate contribution based 401K plans. Title IX removes opportunities for male athletes. Diversity or quota systems whose purpose is to lower standards for one group of people are by no means equal. Obama’s green investment program picks winners and losers in industry based on the vicious cycle of campaign contributions and quid pro quo favors. Roe v. Wade provides women the sole right of determining the birth right of a fetus regardless of a partner’s belief. People who collect welfare are not held to the same standards as working individuals – they do not have to be drug tested and their welfare rights are not rescinded for being irresponsible.
Recently, the military proclaimed that women are now eligible for front line combat. This is fair so long as they are required to meet the same standards as men. Otherwise people will be put in harm’s way. Just as it would be ridiculous for college or pro basketball teams to place a quota for Caucasians and individuals under 6 feet, it is just as ridiculous for government to place quotas and lower standards on anything and proclaim that as equality. Not everyone is created equally in terms of talent and abilities. Since I have very limited athletic and artistic ability, no one should be forced to give me an opportunity in these fields. This is not discrimination; it is merely a fact of life.
The government’s interpretation of equal protection basically accomplishes the opposite – it discriminates against one group of people to level the playing field in its estimation. This makes little sense and is counterproductive because it suggests that minorities and women are inferior to White males. And we all know this is not true. While each individual has their own attributes to offer to society; skin color, gender, sexual orientation, religious affiliation, and so forth should not be one of them.