equal potection Flashcards
a law that expressly taxes income of women at a higher rate than men — example of what?
facial gender classification
a law that taxes the income of shorter individuals at a higher rate, and emails show that the pur- pose of the law is to discriminate against women — example of what?
non-facial gender classification
suspect classifications
race
national origin
state and local classifications of alienage
quasi suspect classifications
gender
distinctions drawn between marital and non marital children
non suspect classifications
wealth
age
disability
what is not a rational basis
animus – prejudice not based on any rational reason
Ex:
1) The Supreme Court struck down a state law denying discrimina- tion protection to gays and lesbians.
2) The Supreme Court also struck down a federal law that refused to recognize same-sex couples who were married under state law as married for purposes of federal law.
what is animus
If the government’s only interest in denying a benefit to or imposing a burden on a group of people is a dislike of them, the classification will not meet rational basis review.
intermediate scrutiny
classification must be substantially related to an important government interest.
The government bears the burden of showing an “exceedingly persuasive justification” for the discrimination.
name the gender classifications that are invalid acc to prior case law
– gender based death benefits
– gender based peremptory strikes
— alimony for women only
— discriminatory minimum drinking age
name gender classifications that have been held as valid
discriminatory statutory rape laws
all-male draft
requiring American fathers, but not mothers, to prove their parentage of non marital children born abroad in order to obtain US citizenship for them
what kinds of gender classifications are more likely to be upheld?
Gender classifications designed to remedy past discrimination are more likely to be upheld under intermediate scrutiny.
what gender classifications are more likely to be invalid
Gender classifications based on role stereotypes are generally invalid, especially ones that perpetuate stereotypes of economically dependent women
trigger for equal protection issue
An equal protection claim arises whenever the government treats people differently from others.
sources of equal protection law
14th Am EPC – against state and local governments
5th AM DPC – read to apply same principles against fed gov’t
when to use strict scrutiny
gov’t discriminates against suspect classification
(and when gov’t burdens fundamental right]
when to use intermediate scrutiny
gov’t discriminates against quasi-suspect classification
when to use rational basis
classification is not suspect or quasi-suspect classification and does not burden fundamental right
how to prove / make out claim for discrimination?
prove discriminatory INTENT
effect not enough
how to prove discriminatory intent
facial discrimination
discriminatory application of facially neutral law
facially neutral law with a disparate impact on protected class of people
what racial classifications have been shown to trigger strict scrutiny
intentional racial segregation (unconstitutional)
racial integration
benign government action (Affirmative Action)/policy that favors affirmative action
Discriminatory legislative apportionment
what alienage classifications are subject to strict scrutiny?
state and local classifications (not federal)
exception to alienage classifications receiving strict scrutiny
when is racial segregation unconstitutional
always
when is racial integration of school districts/attendance zones constitutional and unconstitutional? [primary and secondary schools]
– racial integration to remedy past segregation —- Must do this but has to be narrowly tailored to do only this
—- NO racial integration for sole purpose of racial balancing or diversity in primary and secondary schools (no compelling interest)
to what extent may/must primary and secondary schools remedy intentional school segregation?
If it’s proven that a school board has engaged in the racial districting of schools, the board MUST take steps to eliminate the effects of that discrimination (for example, busing students).
If the school refuses to do so, a court can order the school district to take all appropriate steps to eliminate the discrimination, but the order cannot go beyond the purpose of remedying the past effects of segregation.
when does segregation in school districts not violate equal protection
If school systems and attendance zones are established in a racially neutral manner and simply result in racial imbalance
what is affirmative action
government action that favors racial or ethnic minorities
what are compelling purposes government use of affirmative action, in any context?
(1) remedying past discrimination, as long as it was persistent and readily identifiable (not “general societal discrimination”)
(2) contexts in which government had not engaged in discrimination
(3) diversity in student body of public colleges and universities – individualized assessment of students is allowed BUT race/ethnicity cannot be predominant factor in assessment —– court defers to public colleges and universities as to this being compelling
in all cases, has to be NARROWLY TAILORED
when does court defer and not defer to public colleges and universities in the context of affirmative action
the Supreme Court has deferred to public colleges and universities that have claimed that they have a compelling interest in having a diverse student body.
the Court will not defer to colleges and universities regarding whether a particular scheme for assuring diversity meets strict scrutiny.
EP analysis for affirmative action cases
Compelling interest
– higher ed - compelling interest in diverse student body such that race can be a factor (not predominant factor tho) in assessing for admissions
narrowly tailored
– The school must show that no workable race-neutral alternatives would assure the diversity sought.
what is and is not narrowly tailored affirmative action scheme in higher education?
no quotas or set-aside percentages or other automatic advantages or disadvantages
race can only be a single factor in a holistic assessment of each student
what is and is not narrowly tailored way to promote diversity in schools?
- racial balancing – NO
- holistic assessment that includes race – YES
although this doesn’t matter bc diversity is not compelling interest in lower school context
how to show that legislative apportionment was discriminatory
If a plaintiff can show that a redistricting plan was drawn up predomi- nately on the basis of racial considerations, strict scrutiny is triggered and the plan will violate the Equal Protection Clause unless the government can show that the plan is narrowly tailored to serve a compelling state interest.
which alienage classifications trigger strict scrutiny
state and local laws on alienage are suspect classifications
NOT federal alienage classifications
standard for evaluating federal alienage classifications
rational basis
valid if not arbitrary and unreasonable
what is alienage
citizenship status
why is federal alienage classification not subject to strict scrutiny?
congress has plenary power over aliens
what counts as state and local gov’t discrimination against aliens?
state and local govts cannot require US citizenship for:
employment (generally)
gov’t benefits
property ownership
admission to the bar
exception to the “alienage classification triggers strict scrutiny” rule
If a law discriminates against alien participation in state govern- ment (for example, voting, jury service, elective office, but not for notaries), the rational basis standard is applied.
Also, rational basis for laws limiting certain non-elective offices for public policy reasons, such as being public school teacher of elementary and secondary school students on the rationale that teachers at elementary and high school elevel has a great deal of influence over attitudes of young student toward government, political process, and citizenship
what scrutiny is afforded to a classification based on undocumented aliens
rational basis
NOTE that if involves denial of free public education to undocumented alien children, court has used both rational basis and intermediate scrutiny, but rational basis is the safest option for us
is it valid to deny free public education to undocumented alien children?
NO - no rational basis – punished children for actions of their parents
A state law entitles only women to alimony upon divorce. Is this law valid?
no – paternalist and based on gender stereotype
A state military school excludes women on the ground that they would not be able to satisfy physical requirements or succeed under its “adversative method.” Is this valid?
no – no exceedingly persuasive justification
The Selective Service Act requires males but not females to register for the draft. Is this law valid?
yes – court really applied something more like rational basis
The Social Security Administration’s formula entitles women to greater benefits to remedy a long history of pay discrimination. Is this valid?
yes – the payout formula compensates for gender pay gap
payout formula was substantially related to exceedingly persuasive justification
A statutory rape law only makes males liable. Is this law valid?
yes - state has important interest in balancing disincentives of both sides, state protecting teenage girls bc they are getting pregnant
what to look for to determine validity of law that discriminates against non marital children
laws that discriminate against entire class of non marital children are more likely to be invalid because more likely to be based on prejudice
laws that distinguish between subsets of non marital children are more likely to be valid
A law permitting parents to sue for wrongful death for marital but not nonmarital children is?
invalid - based on prejudice
A law allowing only marital children to recover from their fathers’ estates is?
invalid
example of important gov’t interest in context of non marital classifications
A law allowing nonmarital children to recover from their fathers’ estates only if parenthood is established before the father’s death is valid, since it promotes the efficient disposition of property at death (an important government interest).
is discriminatory application of a law or program to a certain group sufficient to show discriminatory intent?
YES even if the program appears neutral on its face
Ex: zoning ordinance that prohibits laundries in wooden buildings unless the owner is granted an exception, and exceptions are granted only to majority ace members and denied to minority race members
is a program of minority hiring to correct effects of past discrimination a sufficient justification for differentiating by race under EP?
yes
