Jody Blanke Professor of Computer Information Systems and Law Equal Protection Jody Blanke Professor of Computer Information Systems and Law

Fourteenth Amendment “No state shall … deny to any person within its jurisdiction the equal protection of the law.”

Equal Protection Can a state ever pass a law that treats black people differently than white people? Rational Basis Test Strict Scrutiny Test Intermediate Scrutiny

Equal Protection Rational Basis Test applies if no suspect class or fundamental liberty interest is involved i.e., a good reason State v. Ri-Mel (1987) Minnesota required all for-profit health clubs to post a bond – no such requirement for not-for-profit health clubs

Equal Protection Strict Scrutiny Test applies if a suspect class or fundamental liberty interest is involved, e.g., race or religion there must be a “compelling state interest” i.e., a very, very, very good reason Affirmative action Grutter v. Bollinger (2003) – U. Mich. Law School Gratz v. Bollinger (2003) - undergraduate

Equal Protection Intermediate Level Scrutiny applies to protected class, i.e., not quite a suspect class, e.g., gender or age classification must be “reasonably related” to legitimate government purpose i.e., a very, very good reason Craig v. Boren (1976) Oklahoma law prohibited the sale of 3.2% beer to males under 21 and females under 18 .18% of females and 2% of 18-20-year olds were arrested for DUI