If two groups are not similarly situated under section 243.1 and section 243(c) of the California Civil Code, can one group make an equal protection claim?
California, United States of America
The following excerpt is from People v. Wilkinson, 16 Cal.Rptr.3d 420, 33 Cal.4th 821, 94 P.3d 551 (Cal. 2004):
14. If two groups are not similarly situated, then any "equal protection claim cannot succeed, and does not require further analysis." (People v. Nguyen, supra, 54 Cal.App.4th at p. 714, 63 Cal.Rptr.2d 173.) Thus, by applying a rational basis test, the majority here implicitly acknowledges that the two groups?-persons charged under section 243.1 and those charged under section 243(c)?-are similarly situated.
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