Hogwarts Violates Equal Protection?

I’ve been reading Harry Potter lately. I’m not going to bother explaining it because if you haven’t heard of it you clearly don’t care. Harry attends a school called Hogwarts, which is exclusively for wizards.

To jump subjects for a bit, we are studying the Equal Protection clause of the 14th Amendment in Constitutional Law. Today, we got to Brown v. Board of Education, a 1954 U.S. Supreme Court case that held the “separate-but-equal doctrine” established in Plessy v. Ferguson (1896) to be unconstitutional.

When the Court approaches laws challenged with regard to race, they look first to see if there is a sufficient state interest, and if it is closely related to the purpose of the law. Very rarely to laws using race as a classification survive this strict scrutiny.

Jumping back now, I posit that Hogwarts may be violating the Equal Protection clause. This is a bit of a stretch considering that Hogwarts is in England and out of the jurisdiction of a U.S. court and the school is fictional. But… but… but…

The book sets up wizards to be a separate race from muggles, the later of which are non-wizards. And the school is exclusively for wizards. Muggles aren’t even supposed to know about wizards.

There are a myriad of issues here… just kinda interesting to think about.