Equal Protection Flashcards
What standard is applied to classifications based on sexual orientation?
Rational basis review, but animus is not accepted as a rational basis
Validity of classification: discriminatory min drinking age
Invalid
Test for discrimination against undocumented aliens
Rational basis, unless involves denial of free public education (unspecified heightened scrutiny)
What standard is applied to gov actions that favor racial or ethnic minorities
Strict scrutiny
Which classifications are suspect?
Those based on race, national origin, or alienage
Validity of classification: gender-based peremptory strikes
Invalid
What are the types of alienage classifications which qualify as related to democratic self-governance?
Voting, holding elective office, being a cop, being a public school teacher
Test for discrimination based on fundamental right or suspect classification
Strict scrutiny
When may race be considered in drawing up new voting districts?
If race is not a predominant factor, RBR. If predominantly on basis of racial considerations, SS.
Test for discrimination based on quasi-suspect classification
Intermediate scrutiny
When do classifications based on legitimacy meet intermediate scrutiny?
When they distinguish among non-marital children (e.g. require paternity test for inheritance), but not when they discriminate against ALL non-marital children.
Validity of classification: all-male draft
Valid
Validity of classification: alimony for women only
Invalid
What are the accepted compelling state interests justifying affirmative action?
Remedying past discrimination and having a critical mass of URMs to diversify university class
Validity of classification: gender-based death benefits
Invalid
