For Your Data Belle Terre V. Boraas Illustration Brief
January 08, 2010
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Case: Belle Terre v. Boraas (US 1974).
1. Facts: half-dozen SUNY Stony Brook students, living inward a grouping identify inward Belle Terre, challenge the city's zoning ordinance, which states that; if people are related, an unlimited publish of them tin alive together on a property; if people are unrelated; together with so exclusively two tin alive together.
2. Held:
a. Sup. Ct. upholds the law.
b. The police line doesn't show an obvious prejudice against unrelated persons equally upward to two tin alive together.
c. Applied traditional rational, human relationship test; eg. The ct. assumes the police line is valid & P must overcome that presumption.
3. Justice Marshall's dissent:
a. The classification violates a primal right; the correct to privacy & liberty of association; therefore, he would utilize strict scrutiny.
b. The 1st A. protects the students correct to assembly, which the patch is right away violating.