What is the test for determining whether a fundamental right is fundamental?
California, United States of America
The following excerpt is from Mobil Oil Corp. v. Superior Court, 130 Cal.Rptr. 814, 59 Cal.App.3d 293 (Cal. App. 1976):
'In determining whether the right is fundamental the courts do not alone weigh the economic aspect of it, but the effect of it in human terms and the importance of it to the individual in the life situation.' (Bixby v. Pierno, supra, 4 Cal.3d 130, 144, 93 Cal.Rptr. 234, 244, 481 P.2d 242, 252.)
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