Suspect Classification - Law Dictionary Search Results
Home Dictionary Name: suspect classificationsuspect classification
suspect classification : a statutory classification that is subject to strict scrutiny by the judiciary of its consistency with constitutional equal protection guarantees because it affects a suspect class ;also : suspect class ...
suspect class
suspect class : a class of individuals marked by immutable characteristics (as of race or national origin) and entitled to equal protection of the law by means of judicial scrutiny of a classification that discriminates against or otherwise burdens or affects them [a classification that does not impact a suspect class or impinge upon a fundamental constitutional right will be upheld if it is rationally related to a legitimate government interest "Doe v. Poritz, 622 A.2d 367 (1995)"] called also protected class see also suspect classification NOTE: Suspect class and suspect classification are often used synonymously in regard to a group of persons, but suspect class does not refer to the process of classifying itself. ...
equal protection
equal protection : a guarantee under the Fourteenth Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances called also equal protection of the law see also rational basis test, strict scrutiny, suspect classification Amendment XIV to the Constitution in the back matter NOTE: The equal protection requirement of the Constitution protects against legislation that affects individuals differently without a rational basis for doing so. In reviewing claims of denial of equal protection, a court will uphold legislation that has a rational basis unless the legislation affects a fundamental right or involves a suspect classification, such as race. In such a case, the court will use a strict scrutiny standard of review and will strike down legislation that does not show a compelling need for discriminating. ...
classification
classification : the act or method of distributing into a class or category according to characteristics ;also : a class or category determined by characteristics see also suspect classification ...
rational basis test
rational basis test : a test less intensive than strict scrutiny or an intermediate review that involves a determination of whether a statutory or regulatory classification of persons (as by age or offender status) has a rational basis and does not deny equal protection under the Constitution [if the classification neither affects a fundamental right, nor creates a suspect classification, nor is based on gender, then the rational basis test is applied "Charlton v. Kimata, 815 P.2d 946 (1991)"] called also rational relationship test ...
Suspect class
Suspect class, means a class of individuals marked by immutable characteristics (as of race or national origin) and entitled to equal protection of the law by means of judicial scrutiny of a classification that discriminates against or otherwise burdens or affect them called also protected class, Doe v. Poritz, 622 A 2d 367 (1995)....
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