the Ordinance. In other words, the appropriate standard of review is whether the difference in treatment between child sex offenders on community supervision and child sex offenders not on community supervision rationally furthers a legitimate state interest. Because rational basis scrutiny requires only that the legislative classification rationally promote a legitimate governmental objective, Williams. Specifically, they allege that the Ordinance deprives both Duarte individually and the Duarte Family as a whole of procedural due process and violates Duartes constitutional right to equal protection. The Ordinance sets forth a number of affirmative defenses, which essentially establish exemptions for eligible individuals. Duarte seeks a hearing to prove that he is not currently dangerous and therefore should not be deprived of the liberty to live in the areas prohibited by the Ordinance. 4 Therefore, we limit our analysis to whether the Ordinances differing treatment of the two groups identified by Duarte bears a rational relation to a legitimate governmental purpose. Legitimate public policies may justify the incidental disadvantages laws impose on certain persons. Apply the test set forth in Matthews. Visits are by appointment only and at this time I do not offer weekend hours.".
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US Supreme Court in Obergefell. Counseling and anonymous (without your name) or confidential (private) testing for HIV are provided by trained staff who are sensitive to your needs and concerns. The triumph of same-sex marriage is relatively recent, and brings with it both the respect of a civil right and, to some extent, a continuing measure of uncertainty. 1 2 Case: Document: Page: 3 Date Filed: 05/30/2017. I am fully bilingual in English and Spanish. As long as there is a conceivable rational basis for the official action, it is immaterial that it was not the or a primary factor in reaching a decision or that it was not actually relied upon by the decisionmakers or that some other nonsuspect. Here, the affirmative defense provided by the Ordinanceand the classification it createsis rationally related to a legitimate government interest in deferring to an existing state court judgment and protecting the expectation and reliance interests of those who have already sought and received a judicial determination. Once that threshold element is established, the court then determines the appropriate level of scrutiny to apply.
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