What is the test for determining whether a new California Family Law Act does not infringe upon a fundamental right?

California, United States of America


The following excerpt is from County of Orange v. Ivansco, 67 Cal.App.4th 328, 78 Cal.Rptr.2d 886 (Cal. App. 1998):

The result is the same if we conclude the statute does not infringe upon a fundamental right. The rational relationship test is used when the legislation involves economic issues. In such cases, the legislation is "presumed valid and the party attacking the legislation [has] the burden of showing that it is unconstitutional." (County of Los Angeles v. Patrick, supra, 11 Cal.App.4th at p. 1252, 14 Cal.Rptr.2d 665.)

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