What is the test for equal protection in the context of the fourteenth amendment?

California, United States of America


The following excerpt is from Purdy and Fitzpatrick v. State, 456 P.2d 645, 71 Cal.2d 566, 79 Cal.Rptr. 77 (Cal. 1969):

18 'The fourteenth amendment to the constitution is not confined to the protection of citizens. It says: 'Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.' These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws.' (118 U.S. at p. 369, 6 S.Ct. at p. 1070.)

19 Bagley v. Washington Township Hosp. Dist. (1966) 65 Cal.2d 499, 507, 55 Cal.Rptr. 401, 421 P.2d 409.

20 Wieman v. Updegraff (1952) 344 U.S. 183, 191--192, 73 S.Ct. 215, 97 L.Ed. 216.

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