What is the test for establishing that a plaintiff has a rational relationship to the state?

California, United States of America


The following excerpt is from Montgomery v. Board of Retirement, 109 Cal.Rptr. 181, 33 Cal.App.3d 447 (Cal. App. 1973):

'It is basic that no showing merely of a rational [33 Cal.App.3d 452] relationship to some colorable state interest would suffice; in this highly sensitive constitutional area, '(o)nly the gravest abuses, endangering paramount interests, give occasion for permissible limitation,' (citation).' (374 U.S. at p. 406, 83 S.Ct. at p. 1795.)

(See People v. Woody, Supra, 61 Cal.2d at p. 719, 40 Cal.Rptr. 69, 394 P.2d 813.)

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