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👩🏾‍⚖️AP US Government Unit 3 Review

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3.10 Social Movements and Equal Protection

👩🏾‍⚖️AP US Government
Unit 3 Review

3.10 Social Movements and Equal Protection

Written by the Fiveable Content Team • Last updated September 2025
Verified for the 2026 exam
Verified for the 2026 examWritten by the Fiveable Content Team • Last updated September 2025
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Introduction

Social movements in the United States have long served as catalysts for legal and constitutional change. These movements aim to bring attention to injustices and push for expanded rights and protections under the law. Many of these efforts are grounded in the Equal Protection Clause of the Fourteenth Amendment, which provides that no state shall deny any person "equal protection of the laws."

The Equal Protection Clause and related constitutional provisions have been powerful tools for activists advocating for racial justice, gender equality, LGBTQ rights, and other forms of social inclusion. This clause not only supports legal challenges to discrimination, but also motivates broader public discourse and activism around equity and justice.


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Civil Rights and Constitutional Foundations

The Role of the Equal Protection and Due Process Clauses

  • Equal Protection Clause: Protects individuals from discriminatory treatment by government entities.
  • Due Process Clause (of both the Fifth and Fourteenth Amendments): Ensures fair treatment by the government and has been interpreted to support individual rights.
  • Together, these clauses create a foundation for legal challenges to inequality and unjust laws.

Letter from a Birmingham Jail

Dr. Martin Luther King Jr.'s Letter from a Birmingham Jail serves as one of the most influential documents in American civil rights history. In the letter, King defends civil disobedience and criticizes moderate calls to "wait" for justice. He invokes constitutional ideals to argue that unjust laws are not truly laws at all.

King’s letter is a call to conscience, rooted in the Declaration of Independence and the Constitution. He draws on the promise of equal protection to justify nonviolent protest against segregation.


Key Social Movements

Civil Rights Movement (1950s–1960s)

  • Aimed to end segregation and racial discrimination, particularly in the South.
  • Influenced by earlier abolitionist and Reconstruction-era activism.
  • Notable leaders: Martin Luther King Jr., Rosa Parks, John Lewis.
  • Legal foundation: Brown v. Board of Education (1954), which overturned "separate but equal."
  • Major legislative victories: Civil Rights Act of 1964, Voting Rights Act of 1965.

Women's Rights Movement

  • Grew out of the 19th-century suffrage movement.
  • Post-WWII momentum led to the formation of groups like the National Organization for Women (NOW) in the 1960s.
  • Focused on workplace equality, reproductive rights, and educational access.
  • Instrumental in passing Title IX (1972), banning sex-based discrimination in education.

LGBTQ Rights Movement

  • Initially focused on decriminalization of same-sex relationships and workplace discrimination.
  • Expanded to include marriage equality, military service, and healthcare access.
  • Key milestone: Obergefell v. Hodges (2015) legalized same-sex marriage nationwide, invoking the Fourteenth Amendment.

Pro-Life and Pro-Choice Movements

  • Emerged in response to Roe v. Wade (1973) and later decisions about reproductive rights.
  • Pro-choice advocates have grounded their arguments in privacy and due process.
  • Pro-life advocates emphasize states' rights and fetal life protections.
  • The Supreme Court’s ruling in Dobbs v. Jackson Women's Health (2022) ended federal abortion protections, returning the issue to the states.

Government Responses to Social Movements

Forms of Response

  • Reform: Government enacts new laws or policies to address movement demands (e.g., Civil Rights Act).
  • Suppression: Movements may face police action, surveillance, or violence (e.g., Selma to Montgomery march).
  • Co-optation: Token reforms without structural change.
  • Neglect: Ignoring or dismissing movements, often until public pressure mounts.

Voting Rights Act of 1965

  • Aimed to eliminate racial discrimination in voting.
  • Banned literacy tests and enabled federal oversight of voter registration.
  • Led to a significant increase in voter participation among African Americans.
  • Section 5 was effectively nullified by Shelby County v. Holder (2013), prompting renewed debate over voter suppression.

Title IX (1972)

  • Part of the Education Amendments Act.
  • Prohibits sex discrimination in any educational program receiving federal funding.
  • Has been especially influential in expanding women’s athletics.
  • Also used to address sexual harassment and gender identity discrimination.

Brown v. Board of Education (1954)

  • Declared segregation in public schools unconstitutional.
  • Overturned Plessy v. Ferguson (1896) and its "separate but equal" doctrine.
  • The Court argued that segregation generated feelings of inferiority among African American students.
  • Sparked the legal foundation of the Civil Rights Movement.
Case NameClause InvolvedHolding
Brown v. Board (1954)Equal Protection ClauseRacial segregation in public education is unconstitutional

Impact of the Equal Protection Clause

The Equal Protection Clause has empowered courts to strike down discriminatory laws involving:

  • Race (e.g., school segregation, housing discrimination)
  • Gender (e.g., unequal pay, military service restrictions)
  • Sexual orientation and gender identity

The Clause requires that government classifications based on suspect categories face heightened or strict scrutiny. This means the government must show a compelling interest and narrowly tailored policy.


MovementKey Legal ProtectionsImpactful Actions/Events
Civil RightsCivil Rights Act (1964), Voting Rights Act (1965)March on Washington, Montgomery Bus Boycott
Women's RightsTitle IX, Equal Pay ActFormation of NOW, Roe v. Wade litigation
LGBTQ RightsObergefell v. HodgesStonewall Riots, Pride marches
Disability RightsAmericans with Disabilities Act (1990)Capitol Crawl, Section 504 Sit-in
Pro-Choice / Pro-LifeRoe v. Wade, Dobbs v. JacksonPlanned Parenthood v. Casey, state legislation

Key Takeaways

  • Social movements have often relied on constitutional provisions such as the Equal Protection Clause and the Due Process Clause to push for expanded rights.
  • Landmark laws like the Voting Rights Act and Title IX emerged from the pressure applied by sustained activism.
  • Supreme Court decisions such as Brown v. Board and Obergefell v. Hodges show how legal interpretations of equality evolve in response to societal change.
  • Dr. King's Letter from a Birmingham Jail connects moral obligation and constitutional principle in defense of civil disobedience.

Social movements not only shape the law but are shaped by it. Understanding how the Constitution has been used to demand change helps explain both our nation’s progress and its persistent challenges.

Frequently Asked Questions

What is the equal protection clause and why is it important for civil rights?

The Equal Protection Clause is in the 14th Amendment and says no state shall “deny to any person within its jurisdiction the equal protection of the laws.” It’s a constitutional guarantee that the government can’t treat people differently for arbitrary reasons (race, sex, national origin, etc.). That clause is the legal backbone of civil-rights advances—think Brown v. Board of Education (ending school segregation) and Reed v. Reed (sex-based classification struck down). Congress and statutes (Title II, Title VII, Title IX) enforce those protections too. For social movements, equal protection gives a constitutional claim activists use in courts and to push Congress for laws that stop discrimination. On the AP exam, you should be able to name the clause, connect it to key cases and statutes, and use it in SCOTUS-comparison or FRQ answers. For a focused review, see the Topic 3.10 study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym) and the Unit 3 overview (https://library.fiveable.me/ap-us-government/unit-3). Practice questions: (https://library.fiveable.me/practice/ap-us-government).

How did the 14th Amendment help social movements fight discrimination?

The 14th Amendment gave social movements a constitutional tool: the Equal Protection and Due Process Clauses meant states had to treat people fairly and could be sued when they didn’t. Movements used that language to challenge discriminatory laws and policies in court (e.g., Brown v. Board used equal protection to end school segregation; Reed v. Reed used it to strike down sex-based legal rules). Courts interpreting the 14th Amendment pushed lawmakers to pass civil-rights laws (Civil Rights Act of 1964—Title II and Title VII) and inspired activism from groups like the civil rights movement and NOW. For the AP exam, know that the 14th Amendment both motivated movements (LO 3.10.A) and provided litigation grounds in major cases; link cases/legislation to equal protection in FRQs. For more on Topic 3.10, check the Fiveable study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym) and practice questions (https://library.fiveable.me/practice/ap-us-government).

What's the difference between civil rights and civil liberties?

Civil liberties are protections against government actions—they limit what the government can do to you. Think Bill of Rights stuff: freedom of speech, religion, press, and due process rights. Civil rights are guarantees of equal treatment and protection from discrimination (race, national origin, religion, sex) under the Equal Protection and Due Process Clauses and laws like the Civil Rights Act of 1964 (Title II, Title VII, Title IX examples). So: civil liberties = individual freedoms from government interference; civil rights = protections that ensure people are treated equally and not discriminated against. Both appear on the AP exam: know key cases (Brown v. Board, Reed v. Reed) and how the Equal Protection Clause motivated social movements (LO 3.10.A, EK 3.10.A.1–2). For a quick Topic 3.10 review, see the Fiveable study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym). For extra practice, try questions at (https://library.fiveable.me/practice/ap-us-government).

Why did Dr. Martin Luther King write the Letter from Birmingham Jail and what did it accomplish?

King wrote the "Letter from Birmingham Jail" in April 1963 while jailed for taking part in nonviolent protests during the Birmingham campaign. He was answering white clergy who called the protests “unwise and untimely.” The letter explains why direct action and civil disobedience were necessary against laws that enforced racial segregation and denied equal protection and due process. King distinguishes just from unjust laws, defends breaking unjust laws nonviolently, and ties moral reasoning to constitutional ideals. What it accomplished: it gave the Civil Rights Movement a clear constitutional and moral case that helped shift public opinion, pressured lawmakers, and set the stage for major legislation like the Civil Rights Act of 1964. For AP purposes, the letter is a key example of how constitutional principles (equal protection/due process) support and motivate social movements (see EK 3.10.A.1 and the Topic 3.10 study guide: https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym). For extra practice, check unit resources (https://library.fiveable.me/ap-us-government/unit-3) and 1000+ practice Qs (https://library.fiveable.me/practice/ap-us-government).

How did the civil rights movement of the 1960s use the Constitution to fight segregation?

They used the Constitution in three main ways: courts, Congress, and moral-legal argument. Activists challenged segregation under the 14th Amendment’s Equal Protection and Due Process clauses—most famously Brown v. Board of Education (1954)—getting the Supreme Court to rule “separate” schools unequal. They pushed Congress to pass civil-rights laws (Civil Rights Act of 1964: Title II banned discrimination in public accommodations; Title VII banned employment discrimination). Leaders like MLK framed segregation as unconstitutional and immoral (see “Letter from a Birmingham Jail”), helping pressure the executive branch to enforce rulings and laws. For the AP exam, know the role of the Equal Protection Clause, Brown, and how legislation (Title II/Title VII) worked with court decisions. Review Topic 3.10 study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym), unit overview (https://library.fiveable.me/ap-us-government/unit-3), and practice questions (https://library.fiveable.me/practice/ap-us-government) to prep.

What is the National Organization for Women and how did it help women's rights?

The National Organization for Women (NOW), founded in 1966 (Betty Friedan was a key founder), is a major feminist advocacy group that pushed for legal and social equality for women. NOW used lobbying, public protests, lawsuits, and campaigns to expand civil rights protections against sex discrimination—pressing for stronger enforcement of Title VII (employment) and for an Equal Rights Amendment. Its activism helped shift public policy and law: NOW pressured the Equal Employment Opportunity Commission and supported litigation and cultural change that made cases like Reed v. Reed (1971) and laws like Title IX (education/athletics) more politically and legally salient. It also campaigned on reproductive rights and access to workplace and educational opportunities. For the AP exam, NOW is a key example in LO 3.10.A showing how constitutional equal protection and statutes (Title VII, Title IX) motivate social movements. Review this topic in the Unit 3 study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym) and practice more at Fiveable (https://library.fiveable.me/practice/ap-us-government).

I'm confused about how Title VII and Title IX are different - can someone explain?

Short answer: they protect different types of discrimination in different settings. Title VII of the Civil Rights Act of 1964 bars employers (and employment agencies/unions) from discriminating based on race, color, national origin, religion, or sex—so it’s about equal employment opportunities and is enforced through the EEOC. Title IX (Education Amendments of 1972) bars sex discrimination in any federally funded education program or activity—so it’s focused on schools/colleges (including athletics and admissions). Think: Title VII = workplace discrimination law; Title IX = education/athletics and federal funding. Both support equal protection principles and civil-rights movements described in the CED (EK 3.10.A.1, Illustrative Examples). For AP review, know examples and which institutions each targets (employment v. education) and that they’re statutory protections used alongside constitutional equal protection claims. More on Topic 3.10 here (Fiveable study guide: https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym). For extra practice, try Fiveable’s AP Gov practice questions (https://library.fiveable.me/practice/ap-us-government).

What was Reed v. Reed about and why was it important for women's equality?

Reed v. Reed (1971) was a Supreme Court case about an Idaho law that automatically preferred men over women as estate administrators. After their son died, both Sally and Cecil Reed sought to be the administrator; the law gave the job to the man. The Court unanimously held that this sex-based classification violated the Equal Protection Clause of the Fourteenth Amendment—the first time the Court struck down a law for discriminating on the basis of sex. Why it mattered: Reed opened the door for constitutional protection against sex discrimination. It gave the women’s rights movement a major legal precedent and set the stage for later cases (like Frontiero and Craig v. Boren) and legislation expanding gender equality. Reed is a required SCOTUS case for AP Gov (Unit 3: Civil Rights)—review it in the Topic 3.10 study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym). For extra practice, try Fiveable’s AP questions (https://library.fiveable.me/practice/ap-us-government).

How do pro-life and pro-choice movements both use constitutional arguments?

Both movements frame their positions as constitutional. Pro-choice advocates rely on the Due Process Clause’s privacy/liberty protections (Roe v. Wade, Planned Parenthood v. Casey) and argue that restricting abortion denies women bodily autonomy and equal participation in society—an Equal Protection claim. Pro-life advocates emphasize the state’s interest in protecting life under the 14th Amendment and sometimes argue fetuses deserve legal protection (or that abortion regulation is a valid exercise of states’ police powers). Each side uses SCOTUS precedent and constitutional clauses to argue when the national or state governments can regulate abortion. For the AP exam, be ready to name cases, identify which clause (Due Process or Equal Protection), and compare holdings in a SCOTUS-style FRQ. Review Topic 3.10 study guide for examples and context (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym) and practice with 1,000+ problems (https://library.fiveable.me/practice/ap-us-government).

What caused the women's rights movement to start and how did it connect to civil rights?

The modern women’s rights movement grew from long-term inequality (legal limits on voting, property, work, education) plus specific mid-20th century catalysts: WWII labor shifts, the 1960s civil rights movement’s tactics/ideas, and frustration with persistent workplace and educational discrimination. Legal tools—Equal Protection and Due Process—plus statutes like Title VII and Title IX gave activists constitutional and legislative footing. Organizations such as NOW used civil-rights–style protests, litigation, and lobbying to push for change; key court wins like Reed v. Reed (1971) applied equal protection to sex discrimination. Connections to the civil rights movement are direct: activists borrowed strategies (nonviolent protest, legal challenges), relied on the Equal Protection Clause and Civil Rights Act frameworks, and used federal law to expand rights. For AP prep, tie this to LO 3.10.A and EK 3.10.A.1–A.2 and review the Topic 3.10 study guide on Fiveable (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym) and practice questions (https://library.fiveable.me/practice/ap-us-government).

How do I write an essay about how social movements use constitutional provisions to create change?

Start with a clear thesis: say how social movements used constitutional provisions (Equal Protection, Due Process, Commerce, or First Amendment) to push change. Then build 3 paragraphs: 1) evidence, 2) explanation, 3) counterargument + rebuttal. - Evidence: cite a Supreme Court case or statute (Brown v. Board, Reed v. Reed, Title VII/IX, Civil Rights Act of 1964, Roe/Obergefell) and a primary source (MLK’s "Letter from a Birmingham Jail," NOW statements). These are the kinds of specific evidence AP wants. - Explain: link each piece of evidence to constitutional language—e.g., show how Equal Protection motivated civil rights and women’s movements, how Title VII enforced equal employment. Use reasoning to show causation: court rulings or Congress empowered movements to win policy change. - Counterargument: acknowledge limits (judicial restraint, slow legislative change) and rebut with examples of how movements used other branches or public pressure to succeed. Remember FRQ rules: make a defensible claim, use at least two specific pieces of evidence, explain links, and respond to an alternate perspective. Review Topic 3.10 study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym) and Unit 3 resources (https://library.fiveable.me/ap-us-government/unit-3). For extra practice, try 1000+ questions (https://library.fiveable.me/practice/ap-us-government).

Did the equal protection clause actually help LGBTQ rights or was that mostly recent?

Short answer: yes—the Equal Protection Clause has been used to support LGBTQ rights, but most major wins are recent (past few decades) as courts applied those clauses more directly. Explain: The Equal Protection and Due Process Clauses provide constitutional grounds to challenge discriminatory laws (EK 3.10.A.1). Early LGBTQ cases had limited success, but starting in the 1970s–90s courts gradually applied equal protection reasoning (Reed v. Reed, 1971, established sex-based equal protection review). Big, explicit LGBTQ rulings came later: Lawrence v. Texas (2003) used Due Process to strike sodomy laws; United States v. Windsor (2013) applied equal protection principles to strike part of DOMA; and Obergefell v. Hodges (2015) relied on Due Process and Equal Protection to guarantee same-sex marriage nationwide. So the clause has long been available, but its broad enforcement for LGBTQ rights is mostly a recent development. For AP review, study Obergefell and Windsor and how equal protection/due process interact (see the Topic 3.10 study guide: https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym). For extra practice, check Fiveable’s Unit 3 resources (https://library.fiveable.me/ap-us-government/unit-3) and practice questions (https://library.fiveable.me/practice/ap-us-government).

What are the main constitutional amendments that social movements rely on for equal protection?

Social movements mainly rely on these constitutional provisions for equal protection: - 14th Amendment—core: Equal Protection Clause and Due Process Clause; used widely by civil rights, women’s, and LGBTQ movements (see Brown v. Board, Reed v. Reed, Obergefell). This is the big one for LO 3.10.A/EK 3.10.A.1. - 5th Amendment—federal Due Process protections (used against the national government when equal-rights claims arise). - 13th Amendment—ended slavery; foundation for race-based civil-rights claims. - Voting-related amendments that expand political equality and access: 15th (race), 19th (sex), 24th (no poll tax), 26th (18+). - 1st Amendment—protects protest, speech, and assembly tactics movements use (e.g., marches, letters like MLK’s). For AP prep, link these to required cases and examples in the CED (Brown, Reed, Roe, Obergefell) and review Topic 3.10 study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym). Want practice? Fiveable has 1,000+ practice problems (https://library.fiveable.me/practice/ap-us-government).

I don't understand how the same constitutional clause can support completely opposite movements like pro-life and pro-choice

Because the Equal Protection and Due Process Clauses are broad, different groups can use them to argue opposite rights. Pro-choice advocates have relied on due process (privacy/abortion decisions like Roe v. Wade) to claim the government can’t unduly restrict a person’s autonomy. Pro-life advocates use equal protection and state interests (protecting fetal life or guaranteeing equal treatment for unborn persons) to argue the government should limit abortion. Courts weigh those claims against government interests (health, safety, fetal life) and precedent, so the same clauses can justify very different policies depending on judicial interpretation and facts. For AP exam study, focus on how EK 3.10.A.1 links Equal Protection/Due Process to social movements and cases like Roe and related decisions (see the Topic 3.10 study guide on Fiveable: https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym). For more practice, try hundreds of AP-style questions (https://library.fiveable.me/practice/ap-us-government).

What were the long-term effects of the civil rights movement on other social movements?

The civil rights movement set a lasting blueprint that other movements copied: legal strategy using the Equal Protection and Due Process Clauses (Brown → later Reed v. Reed), federal legislation and agencies (Civil Rights Act of 1964, Title II & VII, EEOC) to force institutional change, and mass-mobilization tactics (nonviolent protest, moral framing from King’s "Letter from a Birmingham Jail"). Women’s rights groups (NOW, Title IX) and LGBTQ advocates used courts and Congress to expand protections (Roe, later Obergefell). Long-term effects: broadened constitutional claims against discrimination, created federal enforcement tools, normalized coalition-building and media pressure, and showed that incremental legal wins + public protest can shift policy and public opinion. For the AP exam, be ready to connect these effects to Equal Protection/Due Process clauses, specific laws/cases (Title VII, Title IX, Reed v. Reed, Obergefell), and to use them in FRQs or SCOTUS comparisons (see the Topic 3.10 study guide (https://library.fiveable.me/ap-us-government/unit-3/social-movements-equal-protection/study-guide/4nPfvNnp0wiBwd5QUlym) and Unit 3 review (https://library.fiveable.me/ap-us-government/unit-3)). For practice, try problems at (https://library.fiveable.me/practice/ap-us-government).