Questions and Answers
The assumption that men's bodies deteriorate at the age of 50 is based on a stereotype.
True
What classification level is applied to wealth when it is uncoupled from a fundamental interest?
What is considered a fundamental political right?
The right to vote
Poll taxes in all elections are constitutional.
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What does the 14th Amendment say regarding denying the right to vote based on property ownership?
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Ex-felons have the same voting rights as other citizens.
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What is the scrutiny level applied to voter ID laws as per judicial description?
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There is a fundamental interest in state-funded education.
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What level of scrutiny is applied to the right of access to public education?
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Marriage is considered a liberty under the Due Process Clause.
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How is sexual orientation typically classified in terms of scrutiny?
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What case involved the Court striking down California's Prop. 8?
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What did the Court determine regarding the treatment of Jane, the transgender girl?
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The characteristic of a class that invites discrimination is termed as ___
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What does the Equal Protection Clause apply to?
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What is facial racial classification?
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What is non-facial racial classification?
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What constitutes suspect classification?
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What constitutes quasi-suspect classification?
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What is non-suspect classification?
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What are substantive interests regarding scrutiny levels?
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What is the strict scrutiny test focused on?
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What does the intermediate scrutiny test involve?
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What is the low-level scrutiny test applicable to?
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What did the court rule in the Moreno case regarding low-level scrutiny?
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What does the 14th Amendment apply to?
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What does the 5th Amendment relate to?
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What are economic regulations subject to?
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What did Brown v. Board of Education rule regarding 'Separate but Equal'?
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What is required for a law to be subject to strict scrutiny?
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What distinguishes disparate impact from disparate treatment?
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What is the ideal Harvard Plan regarding affirmative action?
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What must be demonstrated for sex discrimination to be subject to intermediate scrutiny?
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What must aliens demonstrate to be considered under heightened scrutiny?
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What is the classification of alienage in relation to governmental functions?
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Study Notes
Equal Protection Clause
- Applies only to institutions funded by the government; does not cover private actors.
- The 14th Amendment governs state statutes, while the 5th Amendment, though lacking an explicit equal protection clause, applies to federal statutes under similar scrutiny.
Classifications
- Facial Racial Classification: Relies on direct evidence.
- Non-Facial Racial Classification: Depends on circumstantial evidence and the impact of the law.
- Suspect Classification: Includes race, alienage, and ethnicity, subject to strict scrutiny.
- Quasi-Suspect Classification: Encompasses sex, illegitimacy, and sexual orientation, subject to intermediate scrutiny.
- Non-Suspect Classification: Involves age and disabilities, subject to low-level scrutiny.
Scrutiny Levels
- Strict Scrutiny: Applied to suspect classifications and fundamental interests; requires a compelling state interest.
- Intermediate Scrutiny: For quasi-suspect classifications; the government must show means substantially related to the interest.
- Low-Level Scrutiny: For non-suspect classifications; the burden is on the plaintiff to show irrational relation to the governmental interest.
Discrimination and Case Law
- Race Discrimination: Considered a suspect class necessitating strict scrutiny.
- Korematsu v. United States: State restrictions based on race must meet strict scrutiny; upheld wartime actions under pressing public necessity.
- Brown v. Board of Education: Overturned "Separate but Equal" doctrine, stating that segregation in public education is inherently unequal.
Marriage and Child Custody
- Interracial Marriage: States cannot restrict marriage based on race (Loving v. Virginia).
- Child Custody: Racial biases cannot justify depriving custody from a mother (Palmore v. Sidotti).
Discriminatory Purpose and Effects
- A racially neutral law may still be scrutinized if administration indicates discriminatory purpose.
- Yick Wo Evidence: Circumstantial evidence can demonstrate intent to discriminate, requiring substantial statistical evidence.
Racial Gerrymandering
- Gomillion v. Lightfoot: Redistricting intended to dilute minority voting strength constitutes discriminatory purpose.
Disparate Impact vs. Disparate Treatment
- Disparate Impact: Not allowed as a legal basis for challenges; must show intentional discrimination (disparate treatment).
- Employment Discrimination: Must demonstrate intentional discrimination against a protected class.
Affirmative Action
- Quotas in educational settings are unconstitutional; race can only be one of many factors (Grutter v. Bollinger and Regents of the Univ. of Cal. v. Bakke).
- Recent rulings (Richmond v. J.A. Croson Co.) indicate strict scrutiny for affirmative action provisions involving race.
Alienage
- Legal Resident Aliens: Subject to strict scrutiny; courts have invalidated laws discriminating against this group.
- Undocumented Aliens: Excluded from heightened scrutiny except in specific cases like access to public education.
- Governmental Function Exception: Courts may allow certain government positions to exclude non-citizens under low-level scrutiny.
Disability and Age
- Disability: Classified as non-suspect, subject to low-level scrutiny; Cleburne case shows reluctance to apply intermediate scrutiny due to slippery slope concerns.
- Age: Also considered non-suspect, and lacks the characteristics for higher scrutiny, as older individuals still hold electoral power.
Voting Rights
- Fundamental Interest: The right to vote is critical and falls under strict scrutiny.
- Poll Taxes: Deemed unconstitutional as they violate equal protection.
- Felon Disenfranchisement: Recognized as a non-fundamental right, thus subject to low-level scrutiny.
Conclusion
- The Equal Protection Clause serves to prevent discrimination, balancing governmental interests against individual rights across various classifications and scrutiny levels.### Voter ID Law
- Voter ID law is deemed a quasi-fundamental right, leading to intermediate-level scrutiny in court.
- The statute mandating photo ID for voting was upheld as constitutional despite concerns over cost implications for obtaining IDs.
- The decision was made along party lines, indicating a divided opinion among justices.
Non-Fundamental Interest in Education
- Supreme Court has not recognized a fundamental right to state-funded education, ruling against disparities in public school funding across districts.
- The issue was approached with low-level scrutiny, resulting in the statute being upheld without claims of a suspect class.
Quasi-Fundamental Interest in Education
- Access to public education is categorized as a quasi-fundamental interest, significant for children's development.
- Laws in Texas that excluded undocumented children from public schools were scrutinized for requiring full tuition fees.
- Children are seen as a quasi-suspect class due to their limited control over immigration status.
Fundamental Interest in Marriage
- Marriage is recognized as a liberty under the Due Process Clause, warranting strict scrutiny in legal reviews.
- The Court has combined both Due Process and Equal Protection clauses to broaden interpretations and outcomes in cases like Obergefell.
Sexual Orientation Classification
- Generally considered a non-suspect classification under low-level scrutiny because of its perceived lack of immutability.
- In Windsor, the Court elevated the scrutiny to intermediate-level, treating sexual orientation as a quasi-suspect classification.
Footnote 4 Analysis on Sexual Orientation
- History of discrimination against LGBTQ+ individuals acknowledged.
- Characteristics of sexual orientation are debated as immutable.
- Individuals have demonstrated the ability to perform and contribute to society.
- Political power dynamics indicate a shift since policies like "don't ask, don't tell" have been overturned.
Low-Level Scrutiny with Impact
- In Romer v. Evans, the Court deemed the statute could be invalidated under both standard and enhanced low-level scrutiny.
- The ruling emphasized that animus towards a politically unpopular group cannot be justified by public morality.
Lawrence v. Texas and O'Connor’s Concurrence
- Justice O'Connor supported a sodomy statute but upheld the notion of sexual orientation classification due to its targeted application at same-sex couples.
Equal Protection and Same-Sex Marriage
- California's Proposition 8, which limited marriage recognition to opposite-sex couples, was struck down, reflecting scrutiny across all levels.
New Footnote 4 Analysis from Attorney General
- Evaluates history of discrimination, immutability of characteristics, relation to policy objectives, and political power of the group.
- These factors indicate the necessity for heightened scrutiny for classifications concerning marriage equality.
Windsor v. United States
- The Court invalidated Section 3 of the Defense of Marriage Act (DOMA) for being unconstitutional based on Equal Protection violations.
- Discrimination against gay individuals is subject to intermediate-level scrutiny based on the established Footnote 4 criteria.
Transgender Students Case
- Affected an 11-year-old transgender girl seeking restroom alignment with gender identity at school.
- Legal arguments focused on a sex-based classification to invoke intermediate scrutiny rather than a transgender-specific classification, potentially subjected to lower scrutiny.
Argument for Ambiguity of "Sex"
- Legal strategies interpreted "sex" broadly, leveraging personal experiences, including those of gender non-conforming individuals, in defining legal terms.
Transgender Individuals and Footnote 4 Analysis
- Documented discrimination in key areas like education and employment.
- Capable of societal contribution, yet issues remain regarding the immutability of transgender identity.
- Overall, the classification may meet most criteria for quasi-suspect status based on pervasive discrimination affecting the group.
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Description
Explore the nuances of the Equal Protection Clause, focusing on its application to government-funded institutions and the classifications of race, sex, and age. The quiz also covers different levels of scrutiny including strict and intermediate scrutiny. Test your understanding of these vital legal concepts!
