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Humphreys first analyzed the standard for reviewing sexual orientation issues, concluding that a rational basis test applied whether the issue was a rights violation or Hawkins status as parent.
The one thing Brennan did not originally plan to do was apply the rational basis test, in either vanilla or "plus" form, (79) although rational basis plus scrutiny proved itself more than able to the task of invalidating a statute that he first intended to dispose of on fundamental-rights grounds.
The fairly debatable standard mirrors the rational basis test in upholding a decision if any "reasonable basis or fairly debatable basis" arguably supports the decision.
91) Courts are reluctant to overturn a law using the rational basis test unless the varying treatment of different groups serves no legitimate purpose.
Scholars and judges have criticized the rational basis test for
But however labeled, the rational basis test invoked today is most assuredly not the rational-basis test of Williamson v.
I, [section]2, which provides, "All natural persons, female and male alike, are equal before the law," the damages cap must meet a rational basis test.
84) Instead, we see a situation where three distinct policy choices were raised by the litigants' and amicus curiae's briefs--the traditional rational basis test, strict scrutiny, or some form of heighted standard of review.
The brief argues that the city's decision passes the required rational basis test.