equal protection clause

Question 0

how can a state defeat an equal protection claim for a facially neutral statute/ regulation

Answer 0

they must offer a compelling state interest to support discriminatory application of the law

Question 1

what does the equal protection clause do

Answer 1

forbids discrimination against an identifiable group of people based on race. Even if the law is neutral on its face, it may be considered discriminatory if applied in a discriminatory matter.

Question 2

what test is used in an equal protection claim where a fundamental right has not been impinged?

Answer 2

rational relationship test- must bear a rational relationship to a legitimate state objective

Question 3

when is the rational relationship test not used for equal protection?

Answer 3

when a suspect class , fundamental right, or semi suspect class is involved.

Question 4

what standard is applied when a suspect class or fundamental right is involved?

Answer 4

strict scrutiny. it will be struck down unless the government proves its action is necessary to achieve a compelling state interest.

Question 5

what standard is applied for a quasi suspect class

Answer 5

must show action is “substantially related” to an important governement interest

Question 6

is sexuality a suspect class?

Answer 6

no. it gets rational relationship test.

Question 7

what is a suspect class?

Answer 7

racial minority, ethnic minority, women, aliens

Question 8

what are the fundamental rights

Answer 8

right to vote, the right to be a candidate (access to the ballot), the right to migrate to another state, the right to marry and procreate and live as a family unit, and to fees that prevent indigents from obtaining equal access to justice (e.g, divorcing, maintaining parental rights, and obtaining transcripts and securing legal assistance for a criminal appeal).

Question 9

what class does gender fall under?

Answer 9

quasi suspect (therefore must be substantially related to importtant government procedure)