Equal Protection

Front 1

Analytical approach

Back 1

what trait or basis does the law use to classify (suspect, quasi suspect, fundamental right?
2) what level of judicial review must be applied
3) Does the law or action meet the appropriate level of scrutiny

Front 2

Suspect classifications based on race or national origin

Back 2

when a government action intentionally discriminates against a class based on race or national origin, federal and Washington apply strict scrutiny

Front 3

Rules for proving intentional discrimination

Back 3

1) government law is discriminatory on its face
2) to prove a patentally discriminatory application of a facially neutral law
3) prove a discriminatory motive behind the law or action

Front 4

Affirmative action

Back 4

Any government action that favors racial or ethnic minorities must meet strict scrutiny. Government has compelling interest: 1) to remedy persistent discrimination. 2) achieve diversity within a public school body.

Front 5

Affirmative action remedies/narrowly tailored

Back 5

proportionality, flexibility. no burden to innocent 3rd parties.
WA: voter enacted initiative prohibits use of race or gender to achieve diversity in public education, employment or contracting. Racial tie breakers used to achieve racial balance in k-12 schools held unconstitutional under 14th amendment

Front 6

Suspect classifications based on alienage

Back 6

1) when the federal government intentionally discriminates against any aliens, federal and WA courts apply rational basis
2) When government intentionally discriminates against resident aliens, apply strict scrutiny.

Front 7

Quasi suspect based on gender

Back 7

Government action intentionally discriminates against a class based on gender, courts apply intermediate level scrutiny.

WA= strict

Front 8

Gender affirmative action

Back 8

any government action that favors women must meet intermediate level scrutiny review. Gender classifications based on role stereotypes are not allowed.

Front 9

Quasi based on illegitimacy

Back 9

When a government action intentionally discriminates against non- marital children, federal and WA courts apply intermediate level review

Front 10

Fundamental rights classification

Back 10

Government action restricts some person in the exercise of fundamental rights enjoyed by another, use strict scrutiny

Front 11

Non suspect or non fundamental right

Back 11

use rational basis review

Front 12

WA privileges and immunities

Back 12

In addition to protecting against suspect class and fundamental rights discrimination, the privileges and immunities clause of WA constitution prohibits a law either on its face or applied, to confer a privilege of citizenship (such as the right to conduct business, own property or use the courts) on one minority class of citizens to the detriment of majority of all other citizens.