Ratified July 9, 1868. Section 1 states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The American Bar Association proclaimed “The 14th Amendment: Transforming American Democracy” as its 2017 Law Day theme
The association said the theme provides the opportunity to explore the many ways that the 14th Amendment to the U.S. Constitution has reshaped American law and society.
“Through its Citizenship, Due Process and Equal Protection clauses, this transformative amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states,” the ABA said.
Ratified during Reconstruction,the 14th Amendment serves as the cornerstone of landmark civil rights legislation, the foundation for numerous federal court decisions protecting fundamental rights, and a source of inspiration for all those who advocate for equal justice under law, it said.
The presidents of area legal associations, societies and guilds were invited to respond to two questions about the 14th Amendment.
This is what some of them had to say:
How has your legal focus been affected by the 14th Amendment the past year?
Litigation has become the sport of kings. Legal representation is not affordable to the vast majority of our society. The 14th Amendment’s guarantee of equal protection under the law is meaningless unless everyone can afford to seek legal remedies when they have been wronged or unfairly accused.
What is the most important legal issue facing your area?
Access to justice. There are too many in our community with legitimate legal needs who can barely afford to file a lawsuit, let alone proceed to trial.
How has your legal focus been affected by the 14th Amendment the past year?
After attending the Federal Bar’s program on Jewish Lawyers Under Naziism, I realized how important it is to continue to assure that the rights of all are protected under the 14th Amendment.
What is the most important legal issue facing your area?
Judicial independence. As I listened to U.S. District Judge Timothy Corrigan recount his horrific experiences during the assassination attempt on his life, it brought into clear focus for me how as lawyers, we have an obligation to defend the judiciary from the overt attacks on independence and from the quieter and more subtle attacks as well.
How has your legal focus been affected by the 14th Amendment the past year?
Many of our recent litigation efforts have focused on violations of the Fair Housing Act, which is an extension of the Equal Protection Clause.
What is the most important legal issue facing your area?
Civil legal aid puts into practice the due process provisions of the 14th Amendment. Despite the promise of the Constitution and the Pledge, and the fact that civil legal aid is part of our economic support structure, local and state government funding support in Florida is at a historic low.
How has your legal focus been affected by the 14th Amendment the past year?
Equal protection under the law is essential to JWLA’s purpose of achieving gender equality in the legal profession, the judiciary, and the community at large this year and every year.
What is the most important legal issue facing your area?
Implicit gender bias. It is evident in the discussion surrounding the proposed parental leave rule, the pay gap, and the relatively low percentage of women serving in top firm leadership, judicial and elected positions that there is still work to be done.
How has your legal focus been affected by the 14th Amendment the past year?
As a trial lawyer, I see the need for people to have a level playing field when being involved in the justice system. The due process guarantee of the 14th amendment means the same rules apply to everyone, regardless of any religious, gender, ethnic, racial, economic or political differences.
What is the most important legal issue facing your area?
The most important legal issue facing trial attorneys is the ongoing attack against the independence of the judiciary. Our oath as lawyers to support the constitutions of our great country and great state is more than words — we must do all we can to preserve and promote a fair and impartial judiciary.
How has your legal focus been affected by the 14th Amendment the past year?
As an assistant public defender, the 5th and 14th Amendments are a daily focus. Every day we defend the indigent and work to ensure that they are afforded the rights of due process.
What is the most important legal issue facing your area?
The rates at which minorities are arrested by police. The already poor are placed in jail with bonds they cannot afford, not to mention costs and probation fees. This creates a cycle of debt that’s hard to break and can lead to recidivism.
How has your legal focus been affected by the 14th Amendment the past year?
The Catholic Church and founding fathers taught that we are all created equal and endowed with dignity as children of God with certain unalienable rights. Along with these rights comes the responsibility to act as good and moral people and to protect and care for the least of our brothers and advocate for our neighbors in need.
What is the most important legal issue facing your area?
Abortion. Our unborn children are helpless and currently in great need of our protection.