For Your Data Urban Substance Of Cleburne V. Cleburne Living Substance Illustration Brief
January 07, 2010
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E. Case: City of Cleburne v. Cleburne Living Center (US 1985)
1. Facts: H5N1 retarded grouping abode challenges a metropolis zoning ordinance which requires a exceptional piece of employment allow for retarded grouping homes, exactly non for other grouping living arrangements (e.g. fraternity houses, nursing homes)
2. Held:
a. The ct. refuses to form the retarded every bit a suspect class
b. Nevertheless, the ct. applying the rational footing test, strikes downwards the law, every bit applied to P's home.
3. Reasoning:
a. Slippery slope: if you lot declare the retarded a protected class; other groups volition desire like status.
b. You can't assistance the retarded past times making them a suspect class.
F. Prof. Law's Response to Cleburne
1. Laws that assistance a suspect course of report should last loosely scrutinized, land laws that wound a suspect course of report should last strictly scrutinized.
2. Problem: Does leg. meant to assistance a suspect course of report truly help?
a. ex. Protective Labor Legislation: Women couldn't piece of employment to a greater extent than than eight hrs./day. This wound women.
G. Best means to institute a suspect course of report (Prof. Law):
1. Show a history of oppression against the class
2. Show a history of political powerlessness.
3. Show the course of report is a discrete, insular minority & is vulnerable.
4. Show IMMUTABILITY: The course of report members accept no command of their characteristics. (ex. race, gender, retardation)