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Are laws prohibiting same-sex marriage subject to the rational basis test or heightened scrutiny?
Wiki User
∙ 11y ago
Proponents of same-sex marriage say heightened scrutiny. Opponents say rational basis. Both sides, of course, choose the standard of review that will most likely favor their own position. This is a decision that the US Supreme Court will eventually have to make. The criteria for heightened scrutiny require a finding that gays have been historically discriminated against and that gays do not have sufficient political power to prevent discrimination against their community.
Wiki User
∙ 11y ago
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Rule of law for korematsu v US?
Legal restrictions that curtail the civil rights of a single racial group are subject to the most rigid scrutiny. But, pressing public necessity may sometimes justify such restrictions.
What is an example of a sentence using the word perusal?
Perusal means close scrutiny. He held his breath during the sheriff's perusal of his car. Her perusal of the room was perfunctory.
What is role of congress in ensuring drug safety?
Congress has enacted law codified at Title 21, United States Code, section 1, et seq., and the rules promulgated thereunder in the Code of Federal Regulations. Particularly, the Federal Food, Drug and Cosmetic Act, Title 21, United States Code, section 301, et seq.Congress thus created the United States Food and Drug Agency, an agency of the United States Department of Health and Human Services. One of the most prominent agencies of the USHHS, the FDA exercises authority and jurisdiction over this subject matter. The FDA extensively regulates clinical research, clinical trials, production, and the ongoing scrutiny of the safety of pharmaceuticals manufactured in, marketed in, and imported into, the United States.
How can a bill fail to become a law?
At any time, if the house or senate votes to "pigeonhole" a bill(majority vote not to pass the bill to the next step in the lawmaking process) then it will not become a law. if the bill makes it to the president and he doesn't sign it(called a veto) then it will not be a law unless the house and the senate override it w/ a 2/3 majority vote.
What are Advantages and disadvantages of statute law?
Advs - easily accessed by general public (but disadv because not many people actually know what is statute law) - predictable - very long scrutiny process - can be repealed if changes in society/technology require - made by politicians; who arguably know what the public want best Disadvs - not made by judges; people who know the law best - too rigid; not as flexible as common law - takes a long time to change; drawn out process - can be dominated by political agenda of government - can be rushed through as knee jerk reaction, e.g. Dangerous Dogs Act 2004 - issues relating to separation of powers - little public knowledge of bills going through parl
What test does the Supreme Court use in discrimination cases?
Rational basis test for economic issues, strict scrutiny test for racial and fundamental liberty issues, and midlevel scrutiny for gender issues
What degree of scrutiny does the US Supreme Court require for death penalty appeals?
The US Supreme Court requires "heightened scrutiny" for death penalty appeals. Heightened scrutiny is an intermediate level of judicial review between "strict scrutiny" and "rational basis." To withstand the heightened scrutiny test, the law or policy must "further an important government interest by means that are substantially related to that interest.""The standard of review for an appeal from a capital murder conviction and death sentence is that of "heightened scrutiny"; all doubts are to be resolved in favor of the accused because what may be harmless error in a case with less at stake becomes reversible error when the penalty is death." Thorson v. State, 2007 WL 2446474 (Miss. 2007)
An example of a quasi-suspect class that requires heightened scrutiny is?
Race
What is the difference between rational basis and strict scrutiny?
Almost every law that comes under strict scrutiny has been reversed, and almost every law that has come under rational scrutiny has been upheld. The different levels of scrutiny define the different standards the state law must pass. For a law to pass strict scrutiny, it must be narrowly tailored and least restrictive and the state must have a compelling state interest for its enactment. For a law to pass rational scrutiny, it must be rational (the law can be over-inclusive and under-inclusive) and the state has to show that it was accomplished legally. The state only has to show that the reason for its enactment is legitimate. The burden of proof also shifts from the defendant in rational scrutiny to the state in strict scrutiny.
Is it constitutional to deny a citizen the equal protection of marriage laws?
No, it is not constitutional because the reasons given for restricting marriage to heterosexuals only do not pass the "heightened scrutiny" test appropriate for use when determining if a minority is merely being oppressed or if the law has any real merit. It has no legitimate purpose.
How does the United States Supreme Court decide cases concerning same-sex marriage?
It decides cases by applying Constitutional principles when considering oral arguments and written memoranda of law submitted by parties to an action and those who have submitted amicus briefs. Key to their decision is what standard of review to apply to laws banning same-sex marriage: whether rational basis, intermediate scrutiny or heightened scrutiny. These are bases upon which they justices will have decide whether the "good reason" that the government has to prevent same-sex couples from marrying is important enough to justify the impact such legislation has on gays and lesbians.
What constitutional level of scrutiny is applied to government classifications based on so-called illegitimacy?
rational basis
What levels of scrutiny is applied when a law is good for the government but doesn't go against anyone's rights or put people into groups?
rational basis
What level of scrutiny is applied when a law is good for the government but doesn't go against anyone's rights or put people into groups?
rational basis
What level of scrutiny is applied when a law is good for the government but doesn't go against anyone's right or put people into groups?
rational basis
What says that legal proceedings and records such as marriage are honored across state lines?
Back in 1978 the court seen a marriage was a fundamental right that triggered rigorous scrutiny of the Wisconsin thoughts under the equal protection clause.
What is the rigorous test to which a legal classification can be put and any law subjected to this level of scrutiny is unlikely to be found constitutional?
Strict scrutiny
