Equal Protection under the Law April 25, 2013 Objective: When is the govt. discriminating against you?

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Presentation transcript:

Equal Protection under the Law April 25, 2013 Objective: When is the govt. discriminating against you?

9/7/20152 I. Discrimination Def: treating/classifying groups differently Some is inevitable 14 th amendment=NO unreasonable discrimination THE FOLLOWING ARE TESTS THE COURT USES TO DETERMINE IF GOVT. DISCRIMINATION IS CONSTITUTIONAL!

9/7/20153 II. Tests the court uses Is State govt. discrimination constitutional? Rational Basis Test: –If there is a reasonable relationship to proper purpose of govt. –Plaintiff must prove govt. is discriminating –Examples: Polygamy illegal – reasonable Marriage age - reasonable Prohibiting felons from teaching - reasonable

9/7/20154 II. Tests used by court Is State govt. discrimination constitutional? Strict scrutiny –Historically unequal treatment  race/national origin –Burden of proof  govt. (must be compelling reason to discriminate) –Racial gerrymandering banned (Shaw v. Reno –strict scrutiny) –Affirmative Action: Gratz v. Bollinger, undergrad Grutter v. Bollinger, law school CA Prop. 209-banned state affirmative action programs WA I-200

9/7/20155 II. Tests-discrimination=constitutional Is State govt. discrimination constitutional? Gender Classificition –(heightened scrutiny NOT STRICT) Examples: State law maternity leave for women Male-only draft registration Males only on the front line, submarines

9/7/20156 II. Tests-discrimination constitutional Is State govt. discrimination constitutional? Fundamental Rights test- very strict scrutiny by the courts In the Constitution (also implicitly in Constitution- travel, privacy) Abortion –1973-one federal policy w/trimester guidelines (based on right of privacy-implied in BoR) –Planned Parenthood v. Casey, 1992-no “undue burden” on woman’s right to abortion –Gonzales v. Carhart, 2007: upheld Partial Birth ban