Proving Discriminatory Classifications

Question 1

Proving Discriminatory Classifications

Proving Discriminatory Classifications

Answer 1

Classification MUST be discriminatory to be reviewed under heightened scrutiny (SS or IS)

Question 2

Proving Discriminatory Classifications

Proving Discriminatory Classifications: 3 Ways

Answer 2

1) Law discriminates on its face
2) Facially-neutral law applied in a discriminatory manner
3) Discriminatory motive/purpose behind law and/or application

Question 3

Proving Discriminatory Classifications

Proving Discriminatory Classifications: Law Discriminates on its Face

Answer 3

By its terms, the law treats classes of people differently

Question 4

Proving Discriminatory Classifications

Proving Discriminatory Classifications: Facially-Neutral Law Applied in a Discriminatory Manner

Answer 4

Law does not create a classification by its terms, but does so as applied

Question 5

Proving Discriminatory Classifications

Proving Discriminatory Classifications: Discriminatory Motive/Purpose Behind Law and/or Application

Answer 5

P must show:

1) Disparate impact - the law has a discriminatory impact
2) Discriminatory purpose - law was enacted or maintained for reasons involving discrimination

• Demonstrating discriminatory impact alone is NOT enough; there must be evidence of government’s discriminatory motive

Question 6

Proving Discriminatory Classifications

Proving Discriminatory Classifications: Burden of Proof

Answer 6

Burden is on the party challenging the classificatino to show that it is discriminatory