Equal Protection under Equal Protection under the Lawthe Law

April 25, 2013April 25, 2013

Objective: When is the govt. discriminating against you?

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I. Discrimination• Def: treating/classifying groups differently• Some is inevitable• 14th amendment=NO unreasonable

discrimination

THE FOLLOWING ARE TESTS THE COURT USES TO DETERMINE IF GOVT.

DISCRIMINATION IS CONSTITUTIONAL!

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II. Tests the court usesIs State govt. discrimination constitutional?

• Rational Basis Test: – If there is a reasonable relationship to proper

purpose of govt.– Plaintiff must prove govt. is discriminating– Examples:

• Polygamy illegal – reasonable

• Marriage age - reasonable

• Prohibiting felons from teaching - reasonable

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II. Tests used by court Is State govt. discrimination constitutional?• Strict scrutiny

– Historically unequal treatment race/national origin– Burden of proofgovt. (must be compelling reason to

discriminate)– Racial gerrymandering banned (Shaw v. Reno –strict

scrutiny)– Affirmative Action:

• Gratz v. Bollinger, undergrad

• Grutter v. Bollinger, law school

• CA Prop. 209-banned state affirmative action programs

• WA I-200

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II. Tests-discrimination=constitutional Is State govt. discrimination constitutional?

• Gender Classificition– (heightened scrutiny NOT STRICT)

Examples:

• State law maternity leave for women

• Male-only draft registration

• Males only on the front line, submarines

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II. Tests-discrimination constitutional Is State govt. discrimination constitutional?• Fundamental Rights test- very strict scrutiny by

the courts• In the Constitution (also implicitly in Constitution-

travel, privacy)• Abortion

– 1973-one federal policy w/trimester guidelines (based on right of privacy-implied in BoR)

– Planned Parenthood v. Casey, 1992-no “undue burden” on woman’s right to abortion

– Gonzales v. Carhart, 2007: upheld Partial Birth ban