PSC 2302 Lecture Notes - Equal Protection Clause, Edith Windsor, Intermediate Scrutiny
9 Nov 2013
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Declaration of independence: all men are created equal. Making choices between two or more alternatives (a discriminating shopper) Giving preference to one person over another (when might this acceptable, or even necessary. It is not illegal to consider real: differences that exist among persons. Rational scrutiny: burden of proof on plaintiff, state must show only a rational basis in the law, or show that the law in rational and makes sense, this approach recognizes that laws cannot always be perfectly equal. Strict scrutiny: burden of proof shifts to state, state must prove a compelling state interest to prevail, plaintiff must only show purposeful discrimination, strict scrutiny is applied in matters related to: Woman"s traditional role as wife and mother . Heightened scrutiny: classifications must serve important governmental objectives . U. s. v. virginia, vmi must have as exceedingly persuasive justification .
