ep+#3

Question 1

There is a difference between discriminatory impact and

Answer 1

discriminatory purpose

Question 2

i. Disproportionate impact

Answer 2

isn’t sufficient for a constitutional violation

Question 3

ii. Several hypes 11.24 Notes

Answer 3

k

Question 4

b. Look to intent/purpose of the statute.

Answer 4

i. If no intent- then probably will pass constitutional muster

Question 5

c. Equal protection says

Answer 5

equal laws, not equal results.

Question 6

1. Impact is

Answer 6

relevant, not decisive

Question 7

d. EP can classify if its

Answer 7

material and makes sense

Question 8

e. Gender gets

Answer 8

i/s

Question 9

f. Economic rights gets

Answer 9

rb

Question 10

g. Texas passes a law providing women with paid maternity leave if baby is born/adopted into their family. Analysis

Answer 10

i/s

1. EP- on its face- gender
2. Sexual orientation
   a. Facially neutral
   b. Look for discretionary intent/purpose which there is none here.
3. Impacts men’s fundamental right to parent
   a. Language, school, live with family
   i. Does this law burden this right?
4. If FR-SS
5. If not- I/S
6. Pick on and go!
7. I SAY it doesn’t
   iii. Issues for exam {gender (40), sexual orientation (10), men’s FR (20)}

Question 11

iv. Classification on parents/nonparents

Answer 11

rb

Question 12

h. Enumerated rights may be fundamental, but

Answer 12

SDP (VOTING)