What is the test for equal protection under the Fourteenth Amendment of the California Constitution?

California, United States of America


The following excerpt is from People v. Foreman, F079896 (Cal. App. 2021):

"The Fourteenth Amendment to the United States Constitution and article I, section 7, subdivision (a) of the California Constitution both prohibit the denial of equal protection of the laws. 'The equal protection guarantees of [both Constitutions] are substantially equivalent and analyzed in a similar fashion' [citation], and they unquestionably apply to penal statutes." (People v. Cruz (2012) 207 Cal.App.4th 664, 674.)

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"The concept of equal protection recognizes that persons who are similarly situated with respect to a law's legitimate purposes must be treated equally. [Citation.] Accordingly, ' "[t]he first prerequisite to a meritorious claim under the equal protection clause is a showing that the state has adopted a classification that affects two or more similarly situated groups in an unequal manner." ' [Citation.] 'This initial inquiry is not whether persons are similarly situated for all purposes, but "whether they are similarly situated for purposes of the law challenged." ' " (People v. Brown (2012) 54 Cal.4th 314, 328.)

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