What government action triggers the potential for an equal protection action?
When government draws a distinction between people
To whom does the Equal Protection clause of the Fourteenth Amendment directly apply?
State and local governments
How are equal protection rules applied to the federal government?
Via the due process clause of the Fifth Amendment
What scrutiny is applied to classifications based on race or national origin?
What scrutiny is applied to classifications based on gender?
Intermediate scrutiny with an "exceedingly persuasive justification"
What are the two ways in which a law can be discriminatory?
1. Discriminatory on its face, or
2. Facially neutral but has discriminatory intent or application
For numerical quotas benefitting racial minorities to be constitutional, what is required?
Clear proof of past discrimination
What condition must be met for an educational institution to validly favour minorities in the interests of diversity?
There must be no race-neutral alternative which could help diversity
In the interests of diversity, can educational institutions add points on to the admission scores of racial minorities?
Are gender classifications that benefit women constitutional?
Generally, to remedy past discrimination and differences in opinion
What one thing must gender classifications benefiting women not be based on?
Stereotypes about women, e.g. laws automatically giving alimony to wives because of the notion that a woman is a housewife
What scrutiny is generally applies to government discrimination against non-citizens?
On the bar, what five things can a government constitutionally prevent a non-citizen from doing?
2. Serving on a jury
3. Becoming a teacher
4. Becoming a police officer
5. Becoming a probation officer
What is the status of a law which denies a benefit to non-marital children, but grants it to marital children?
How will age discrimination be tested on the bar, and what is the answer?
Challenge to a mandatory retirement law
Rational basis, the government wins