suspect class

28 examples (0.03 sec)
  • He also found that Texas had not created a suspect class related to poverty.
  • California classifies sexual orientation as a suspect class under state law.
  • Instead, the judge finds that homosexual persons constitute a suspect class.
  • Connecticut and Iowa classify sexual orientation as a quasi-suspect class under their respective state laws.
  • Thus they were part of a quasi-suspect class that deserves any law restricting its rights to be subjected to intermediate scrutiny.
  • The court determined that homosexuals are not considered a suspect class and subjected Holmes' claims to rational basis review.
  • In addressing the equal protection challenge, the Court used the rational basis standard, declining to hold that homosexuals are a suspect class.
  • This decision did not disturb that part of the court's holding that gay men and lesbians constitute a suspect class for purposes of equal protection under Art.
  • Wyoming hate crime laws at the time did not recognize homosexuals as a suspect class, whereas Texas had no hate crimes law at all.
  • The District Court held that the mentally retarded were neither a suspect nor a quasi-suspect class and therefore the rational basis test should be applied.
  • Currently, these employees are unable to find protection in the courts because sexual orientation is not considered to be a suspect class by the federal courts and by many U.S. states.
  • The Court declined to rule that the mentally retarded were a quasi-suspect or suspect class.
  • The compelling state interest test is distinguishable from the rational basis test, which involves claims that do not involve a suspect class and involve a liberty interest rather than a fundamental right.
  • The Court of Appeals held that mental retardation was a quasi-suspect class and therefore intermediate scrutiny should be applied to the ordinance.
  • The dissenting opinion from Chief Judge Robert M. Bell faulted the majority for not recognizing gay people as a suspect class in need of protection from discrimination.
  • Notably, O'Connor's opinion did not claim to apply a higher level of scrutiny than mere rational basis, and the Court has not extended suspect-class status to sexual orientation.
  • He stated that "gays and lesbians are not a suspect or quasi-suspect class" and are thus not entitled to the courts' increased scrutiny of laws that affect them.
  • The Court declined to grant the mentally retarded status as a suspect or quasi-suspect class because they are a "large and diversified group" amply protected by state and federal legislatures.
  • A "discrete and insular" minority subject to prejudice, in particular, may be considered particularly vulnerable to oppression by the majority, and thus a suspect class worthy of protection by the judiciary.
  • In 2010, the Court ruled that sexual orientation was a suspect class, and that in Atala had been discriminated against in the custody case in ways incompatible with the American Convention.
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How suspect class gets used