ep+#3 Flashcards
1
Q
There is a difference between discriminatory impact and
A
discriminatory purpose
2
Q
i. Disproportionate impact
A
isn’t sufficient for a constitutional violation
3
Q
ii. Several hypes 11.24 Notes
A
k
4
Q
b. Look to intent/purpose of the statute.
A
i. If no intent- then probably will pass constitutional muster
5
Q
c. Equal protection says
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equal laws, not equal results.
6
Q
- Impact is
A
relevant, not decisive
7
Q
d. EP can classify if its
A
material and makes sense
8
Q
e. Gender gets
A
i/s
9
Q
f. Economic rights gets
A
rb
10
Q
g. Texas passes a law providing women with paid maternity leave if baby is born/adopted into their family. Analysis
A
i/s
- EP- on its face- gender
- Sexual orientation
a. Facially neutral
b. Look for discretionary intent/purpose which there is none here. - Impacts men’s fundamental right to parent
a. Language, school, live with family
i. Does this law burden this right? - If FR-SS
- If not- I/S
- Pick on and go!
- I SAY it doesn’t
iii. Issues for exam {gender (40), sexual orientation (10), men’s FR (20)}
11
Q
iv. Classification on parents/nonparents
A
rb
12
Q
h. Enumerated rights may be fundamental, but
A
SDP (VOTING)