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

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

3. 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

4. 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

5. 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

6. 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 year olds were arrested for DUI