FAPE
Kathleen S. Whittier
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Equal Protection Tests
Rational Basis Test
Does the state have a rational basis for its
actions? Is the
state’s purpose legitimate with a reasonable relationship
between groups and purposes?
If the answer to the above question is yes, then the action is
not considered discriminatory.
Warren Era 3 Question
Is the complaining party a member
of a suspect class*?
Analysis (Strict Scrutiny Test)
Does the rights
infringement involve a fundamental
interest~?
Can “discriminatory” actions be justified as having a
compelling interest**~?
If the answer to either question 1 or 2 is yes, courts use the
rational basis test for review.
If the answer to either question 1 or 2 is no, then the courts
use strict scrutiny test.
To meet the strict scrutiny review, the answer to question 3
must be yes.
xpanded Warren Analysis
Does the complaining party meet
some of the characteristics
Heightened/Middle-Tier Test) as a suspect class?
If the person meets some of the suspect class criteria (e.g.,
sex) then use middle tier test which is more rigid than
rational, but not as much as strict scrutiny.
*A suspect class is a group who has experienced a history of
discrimination based on inalterable characteristics such as race or