I don't understand your point. Roe V Wade (abortion) was decided on the "penumbral" right of privacy, not equal protection. Do you perhaps mean Brown vs. Board? (School integration), which was an equal protection deal. In Brown there was no question of "incorporation" since applying equal protection is an integral part of the 14th. amendment. Most so called "incorporation" has been under the due process clause of the 14th, because an earlier Supreme Court bit the big one and ruled that "priveleges and immunities" meant only those things unique to national citizenship, such as the right to travel between states, or the right to travel the navigable waterways which are under federal jurisdiction. This in spite of the fact that the authors and sponsers of the 14th amendment stated on multiple occasions that what they meant by "priveleges and immunities of citizens of the United States" were those rights protected by the first 8 amendments to the Constitution.