Equal Protection Clause

Question 1

Discrimination on a suspect class: race, ethnicity, national origin

Answer 1

Strict Scrutiny
1) Compelling interest that needs to be furthered and
2) Narrowly tailored
a. Not more intrusive than necessary
No deference to the state and burden is on the gov’t

• Is the discrimination showed by the statue itself? Must show its intentional
  De facto discrimination doesn’t trigger S.S only rational basis

Question 2

Discrimination on gender

Answer 2

1) Discrimination has to be subst. related to an important govt purpose and
2) An exceedingly persuasive justification they are related

Question 3

Discrimination on Sexual Orientation

Answer 3

Rational Basis - garden variety
1) There is a strong presumption that the interference is constitutional
2) Burden of proof is on the challenger
3) The interference has to rationally further any conceivable legitimate govt interest

If they say you cannot go to lesbian bars etc. then freedom of association 1st amendment issue

Question 4

Discrimination on Age or poverty

Answer 4

Rational Basis - garden variety
1) There is a strong presumption that the interference is constitutional
2) Burden of proof is on the challenger
3) The interference has to rationally further any conceivable legitimate govt interest

Question 5

Discrimination on illegitimate children

Answer 5

• Historically been discriminated against
• Intermediate scrutiny test = classification must be subst related to an important govt interest

Question 6

Affirmative Action - race

Answer 6

If the D specifically discriminated in the past it is allowed until the effects of past discrimination have ended

Question 7

affirmative action - gender

Answer 7

Can discriminate against men to help woman get to a place in society to catch up where they were previously excluded