The Fourteenth Amendment limits government action. It doesn't regulate what private people do to each other. If your neighbor refuses to sell you a house because of your race, that's not a Fourteenth Amendment violation—the neighbor isn't the government. But if a city government refuses to issue you a business license because of your race, that's state action and unconstitutional under equal protection.
The Supreme Court has created a framework for when private conduct counts as state action. Most obviously, when a government official violates rights, state action is clear. More subtly, courts ask whether the government has compelled, encouraged, or ratified the private conduct. If a city government delegates a function traditionally reserved for government—like running elections or schools—the private actor's discrimination becomes state action. If government and private actors jointly conduct an activity, state action may apply. In Shelley v. Kraemer (1948), the Court ruled that state courts enforcing discriminatory real estate covenants constituted state action, because courts are government.
The state action requirement is one reason the Thirteenth Amendment matters—it's the only constitutional provision that directly regulates private conduct and reaches slavery and forced labor by private individuals.
The state action requirement determines which discrimination the Constitution reaches. Discrimination by private employers, businesses, and landlords isn't directly constitutional violation—that's why Congress passed civil rights laws using its commerce power and other constitutional authorities. The requirement protects private autonomy but also means private discrimination can be devastating without statutory protection.
People often think constitutional rights apply everywhere. In fact, most constitutional protections bind only government. If a private company won't hire you because of your religion, you can't sue under the Free Exercise Clause. You'd rely on federal civil rights laws prohibiting religious discrimination. The Constitution itself mostly protects you from government, not from other people.
The state action requirement determines which discrimination the Constitution reaches. Discrimination by private employers, businesses, and landlords isn't directly constitutional violation—that's why Congress passed civil rights laws using its commerce power and other constitutional authorities. The requirement protects private autonomy but also means private discrimination can be devastating without statutory protection.
People often think constitutional rights apply everywhere. In fact, most constitutional protections bind only government. If a private company won't hire you because of your religion, you can't sue under the Free Exercise Clause. You'd rely on federal civil rights laws prohibiting religious discrimination. The Constitution itself mostly protects you from government, not from other people.