Other Equal Protection Classifications

Question 1

Nonmarital Children Classification

Answer 1

The government can never deny benefits to all nonmarital children that it provides to marital children. The government may make some distinctions among nonmarital children, but the classification must survive intermediate scrutiny. (Clark v. Jeter).

Question 2

Age Classification

Answer 2

Age classifications are analyzed under rational basis review. (MA Board of retirement v. Murgia). In Murgia, a law having a mandatory retirement age of police officers was constitutional because police officers need to be expected to perform their jobs properly.

Question 3

Classification on Disability

Answer 3

Classifications on the basis of mental disability are analyzed under rational basis review. (City of Cleburne). An example of a classification on the basis of mental disability surviving rational basis is found in Heller v. Doe, where a law making it earlier to civility commit individuals with mental disabilities than those without is found to be constitutional.

Question 4

Discrimination Against Wealth

Answer 4

Rational basis review applies to discrimination against wealth. Poverty is not a suspect classification (San Antonio Independent School District v. Rodriguez).

Question 5

Discrimination Against Sexual Orientation /Transgender Status

Answer 5

Classifications on Sexual Orientation / Transgender status receive rational basis review, in theory. However, the court seems to apply something like rational basis with bite. (Romer v. Evans). (Bostock). (Obergefell, Windsor, Lawrence).