What is the test for an equal protection claim?
California, United States of America
The following excerpt is from Pro-Family Advocates v. Gomez, 46 Cal.App.4th 1674, 54 Cal.Rptr.2d 600 (Cal. App. 1996):
12 The mere assertion of a nonpunitive regulatory purpose does not end our inquiry. We must test the proffered purpose to determine if it is consistent with the regulation. (See People v. McVickers, supra, 4 Cal.4th at p. 88, 13 Cal.Rptr.2d 850, 840 P.2d 955.)
13 Our state constitutional guarantee of equal protection is substantially similar to that contained in the United States Constitution. Federal and state analysis of equal protection claims is substantially the same. (Cohan v. Alvord (1984) 162 Cal.App.3d 176, 181, 208 Cal.Rptr. 421.)
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