Right to Equal Privileges and Immunities

Question 1

Right to Equal Privileges and Immunities

AKA Equal Protection

(FREQUENTLY TESTED ON EXAM)

Answer 1

No citizen/class of citizens can have privileges or immunities that are not equally shared among all citizens

Question 2

Indiana Two-Part Test to Determine If Equal Protection Violation

Answer 2

(1) DISPARATE TREATMENT by legislation must be REASONABLY RELATED TO INHERENT CHARACTERISTICS which distinguish the unequally treated classes; and
(2) PREFERENTIAL TREATMENT must be UNIFORMLY APPLICABLE and EQUALLY AVAILABLE to all persons similarly situated

Question 3

Legislative Discretion

Answer 3

Court must exercise SUBSTANTIAL DEFERENCE to legislative discretion

Question 4

Level of Scrutiny

Answer 4

Two-part test DOES NOT change the level of scrutiny depending on the nature of the class

Question 5

Arbitrary Classifications

Answer 5

Seemingly arbitrary classification that are de minimis in the larger scheme will NOT prompt invalidation of an otherwise valid statute