What is the current state of the law on the rational relation test for freedom of choice?
California, United States of America
The following excerpt is from Gatts, In re, 145 Cal.Rptr. 419, 79 Cal.App.3d 1023 (Cal. App. 1978):
1 In Montalvo, the court concluded that choice of hair style was generally protected "by the 'liberty' umbrella of the Fourteenth Amendment." (Id. at p. 334, 98 Cal.Rptr. at 600.) The rational relation test, and not the strict scrutiny test, was applied. In Kelley v. Johnson, 425 U.S. 238, 247, 96 S.Ct. 1440, 47 L.Ed.2d 708, the court assumed that a Fourteenth Amendment liberty interest existed in matters of personal appearance and concluded that the rational relation test should apply.
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