What is the test for setting aside discrimination in a disability classification case?

California, United States of America


The following excerpt is from Justus v. Atchison, 126 Cal.Rptr. 150, 53 Cal.App.3d 556 (Cal. App. 1975):

"State legislatures are presumed to have acted within their constitutional power despite the fact that, in practice, their laws result in some inequality. A statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it.' (McGowan v. Maryland (1961) 366 U.S. 420, 425-426, 81 S.Ct. 1101, 1105, 6 L.Ed.2d 393 .) Nor is it the court's function to weigh the social value of the statute to determine whether a classification may have been more finely drawn. (Ferguson v. Skrupa (1963) 372 U.S. 726, 83 S.Ct. 1028, 10 L.Ed.2d 93, 95 A.L.R.2d 1347.)'

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