MBE Rules · Constitutional Law
Non-Suspect Classifications
Cleburne / Murgia
The rule
Age, disability, and sexual orientation (federally) receive rational-basis review, but bare animus is not a legitimate interest — 'rational basis with bite' invalidated the Cleburne permit denial and Romer's Amendment 2.
In plain English
Non-suspect classifications, such as age, disability, and sexual orientation, are generally reviewed under a rational basis standard. This means that laws affecting these groups are upheld as long as they have a legitimate government interest, but laws based solely on prejudice or animus are not valid.
Worked example
A city denies a permit to a group home for individuals with disabilities, claiming it would lower property values. However, the real reason is the city's animus against disabled individuals. The court finds that the denial lacks a legitimate interest and strikes it down under rational basis with bite.
Memory hook
Rational basis with bite bites back against bare animus!
The trap
Exams may present scenarios where a law appears to have a rational basis but is actually rooted in prejudice, tricking students into misapplying the standard. Watch for clues that suggest animus rather than legitimate interests.
How examiners test it
Questions often involve a law that discriminates against a non-suspect class, asking whether the government's justification is legitimate or merely based on bias. Look for a focus on the motivations behind the law.
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