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A presumptively unconstitutional distinction made between individuals on the basis of race, national origin, alienage, or religio...
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Long before the term "suspect classification" gained currency, Justice HARLAN FISKE ST...
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Just last week the Orwellian "Human Rights" Tribunal of Ontario ruled that Christian Horizons, a charity that runs homes for developmentally disabled adults, engaged in illegal discrimination when it tried to ensure that its employees were practicing Christians who accepted Christian sexual teaching on adultery, fornication and homosexual sex. For the reasons discussed below, the court added, "we conclude that sexual orientation should be viewed as a suspect classification for purposes of the California Constitution's equal protection clause and that statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny under this constitutional provision.
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The Constitution's Equal Protection Clause provides that no State shall deny to any person within its jurisdiction the equal protection of the laws. The Supreme Court's equal protection jurisprudence designates all legislation identifying race-based categories for differential treatment as "suspect" and subject to "strict scrutiny." Similarly, legislative differentiation based on national-origin classification is also subject to this strict scrutiny standard. Although the Court has established that legislative national-origin classification is suspect and subject to strict scrutiny, the Court has yet to articulate a comprehensive method of analysis reflecting national origin-based discrimination in the United States. Equal protection challenges to the categorization of Latinos in affirm...
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CONSTITUTIONAL LAW/CIVIL; Where neither a fundamental constitutional right nor a suspect classification is at issue, a legislative distinction between two groups need only be created in such a manner as to bear a rational relationship to a legitimate governmental interest; a legislative decision to treat two groups differently is constitutionally infirm only where it is “based solely on reasons totally unrelated to the pursuit of the State’s goals and only if no grounds can be conceived to justify them.” Under the rational-basis standard, the party challenging a legislative enactment bears the heavy burden of demonstrating that it is irrational; one means of carrying this burden is to demonstrate that the legislative facts on which the classification is justified could not reasonably h...
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... by the Court was the following classification prepared by Chief Justice Taft. "(1) Those [busin.... [A] Commission's order does not become suspect by reason of the fact that it is challenged. It is...
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Constitutional Law - permit procedure for non-owner occupied rental property; void for vagueness; facial challenge as applied challenge; standing as threshold jurisdictional question; standard for maintaining facial vagueness challenge; rule of ejusdem generis used to interpret ordinance; equal protection claim as requiring injury in fact to satisfy standing requirement; legislative classification must be rational if no fundamental right or suspect class involved; regulation of rental property and promotion of safe housing as proper subjects of city's police power; standing as necessary to assert lack of procedural due process in legislation.
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... groups, and so bars all racial classifications, except as a remedy for specific wrongdoing. The J... of race in the apprehension of criminal suspects. . Part 1 of the Article derives the antibalkaniza...
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... Pp. 6-14. (a) The City's classification does not involve a fundamental right orsuspect cla... neither a "fundamental right" nor a "suspect" classification. Its subjectmatter is local, econ...