What is the test to determine whether a statutory distinction is unconstitutional as a matter of equal protection?

In order to decide whether a statutory distinction is so devoid of even minimal rationality that it is unconstitutional as a matter of equal protection, we typically ask two questions. We first ask whether the state adopted a classification affecting two or more groups that are similarly situated in an unequal manner. ( People v. McKee , supra , 47 Cal.4th at p. 1202, 104 Cal.Rptr.3d 427, 223 P.3d 566.) If we deem the groups at issue similarly situated in all material respects, we

[410 P.3d 16]