Equal Prot: Other Types of Discrim

Question 1

Age?

Answer 1

immutable in the sense that you can’t voluntarily change but not immutable because everyone grows older. No historical discrim. Not political majority. Ex. Youth may lack mental capacity which affects societal functioning.

Question 2

Mass Board of Retirement

Answer 2

• Police officers have to retire at age 50.
• Apply RBR- passes
• Although its over inclusive because some people can pass physical test at this age still rationally related to interest.
• Interest→ public safety. Court says this is a legitimate concern and the law is rationally related to this objective.

Question 3

Disability?

Answer 3

Not suspect class. Immutable but no history of political powerlessness. Although it affects how you function in society there is a wide array of disabilities that could have different effects. American w/ Disabilities Act broadly prohibits discrim.

Question 4

Wealth?

Answer 4

Not suspect class. Immutability only hurdle to cross. Can you really change being dirt poor or can children change being born poor? History of political powerlessness in some sense.

Question 5

Sexual Orientation?

Answer 5

Romer says not a suspect class and relies on rational basis review. However, there was a showing of a desire to protect the group. Court reluctant to classify as suspect. Whether heightened scrutiny is required for sexual orientation discrimination is an open question.