A legal provision exempts certain individuals or entities from new regulations if they already adhered to a previous set of rules. This exception often applies when new laws or policies are implemented that could negatively impact those who were previously in compliance. For example, if a state passes a new law requiring all businesses to obtain a specific license, businesses already operating under a previous licensing system might be exempt from the new requirement.
Such provisions historically served to maintain stability and avoid disrupting established practices. However, they have also been used in discriminatory ways. A notable example involved disenfranchisement efforts in the post-Reconstruction South. Laws were enacted that made it difficult for African Americans to vote (e.g., poll taxes, literacy tests). These provisions then exempted individuals whose ancestors had the right to vote before the Civil War, effectively excluding most African Americans while allowing many white citizens to vote.