What is the test for denying equal protection under the equal protection clause?

California, United States of America


The following excerpt is from People v. Bell, 45 Cal.App.4th 1030, 53 Cal.Rptr.2d 156 (Cal. App. 1996):

While its precise meaning and application are not always clear, in general a denial of equal protection occurs when the state adopts a classification that affects similarly situated groups or individuals in an unequal manner. (People v. Barrera (1993) 14 Cal.App.4th 1555, 1565, 18 Cal.Rptr.2d 395.)

"Statutes challenged under the equal protection clause will receive differing levels of scrutiny depending upon the nature of the distinctions they [45 Cal.App.4th 1047] establish. Legislation which creates a suspect classification or impinges on the exercise of a fundamental right is subject to strict scrutiny and will be upheld only if it is necessary to further a compelling state interest. All other legislation will satisfy constitutional requirements if it bears a rational relationship to a legitimate state purpose. [Citations.]" (People v. Silva (1994) 27 Cal.App.4th 1160, 1167, 33 Cal.Rptr.2d 181.)

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