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Flashcards in ep+#3 Deck (12):
1

There is a difference between discriminatory impact and

discriminatory purpose

2

i. Disproportionate impact

isn’t sufficient for a constitutional violation

3

ii. Several hypes 11.24 Notes

k

4

b. Look to intent/purpose of the statute.

i. If no intent- then probably will pass constitutional muster

5

c. Equal protection says

equal laws, not equal results.

6

1. Impact is

relevant, not decisive

7

d. EP can classify if its

material and makes sense

8

e. Gender gets

i/s

9

f. Economic rights gets

rb

10

g. Texas passes a law providing women with paid maternity leave if baby is born/adopted into their family. Analysis

i/s
1. EP- on its face- gender
2. Sexual orientation
a. Facially neutral
b. Look for discretionary intent/purpose which there is none here.
3. Impacts men’s fundamental right to parent
a. Language, school, live with family
i. Does this law burden this right?
1. If FR-SS
2. If not- I/S
3. Pick on and go!
4. I SAY it doesn’t
iii. Issues for exam {gender (40), sexual orientation (10), men’s FR (20)}

11

iv. Classification on parents/nonparents

rb

12

h. Enumerated rights may be fundamental, but

SDP (VOTING)