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Discussion and Debate
Discussion and Debate
Politics
American Politics
Florida Constitution has Explicit Right to Privacy; Judge rules state abortion law unconstitutional
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<blockquote data-quote="Arcangl86" data-source="post: 76793318" data-attributes="member: 344714"><p>Equal protection analysis doesn't exist in a vacuum though. The level of scrutiny applied depends on two things. If the thing being infringed is a fundamental right in itself or if the infringement is based on a "suspect classification." If one of those things are true, then strict scrutiny applies, and in practice almost no laws pass strict scrutiny. But sexual orientation isn't a "suspect classification", and if there isn't a due process right to marriage, then rational basis review applies. And almost any law can pass rational basis review.</p></blockquote><p></p>
[QUOTE="Arcangl86, post: 76793318, member: 344714"] Equal protection analysis doesn't exist in a vacuum though. The level of scrutiny applied depends on two things. If the thing being infringed is a fundamental right in itself or if the infringement is based on a "suspect classification." If one of those things are true, then strict scrutiny applies, and in practice almost no laws pass strict scrutiny. But sexual orientation isn't a "suspect classification", and if there isn't a due process right to marriage, then rational basis review applies. And almost any law can pass rational basis review. [/QUOTE]
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Florida Constitution has Explicit Right to Privacy; Judge rules state abortion law unconstitutional
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