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Chapter 7

LEGALST 39D Chapter Notes - Chapter 7: Charlotte City Council, Rational Basis Review, Equal Protection Clause


Department
Legal Studies
Course Code
LEGALST 39D
Professor
Alan Pomerantz
Chapter
7

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Legal Studies 39D
CHAPTER 7: BATHROOM BILLS
Equal Protection Clause
- Prohibits states from denying any person within its territory the equal
protection of laws
- Force state to govern impartially, crucial to protection of rights
3 questions
(1) What classification foes the government action create?
(2) What level of scrutiny should be applied to this classification?
(3) Does this particular government action meet that scrutiny?
Classification
- Sometimes classification appears on the face of an government action
o Problem arises when law is facially new but has a disparate impact on
a particular group of people individual must show that (1)
government intended to discriminate and (2) there is no valid
government interest in creating the distinction (discriminatory intent
and effect)
- 3 categories: (1) suspect, (2) quasi-suspect (3) everything else
- SUSPECT
o Class of individuals historically subject to discrimination, lack political
power and require extra vigilance from Court
o Some lower courts treat gender as a suspect/ q-suspect classification
o Any law is presumptively unconstitutional, gov has burden of proving
constitutionality
o Must pass strict scrutiny review (also distinctions that deprive group
of a fundamental right)
o Strict scrutiny: government must show policy is necessary to achieve
compelling state interest, is narrowly tailored and the least restrictive
to achieve the interest
- QUASI-SUSPECT
o Gender and legitimacy of birth
o One federal court has held sexual orientation to be quasi suspect
o Intermediate Scrutiny review: gov must show law furthers an
important government interest by means substantially related to that
interest
- Everything else
o Rational basis review: there is an interest that the gov has making that
distinction
o Assumes state’s acts are constitutional, burden of individual to prove
otherwise
Romer v. Evans
- Colorado voters approved amendment that prevents action to recognize
homosexuals as protected class
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find more resources at oneclass.com
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