TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P48
Gale Encyclopedia of American Law Volume 9 P48 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 458 SUSPENDED SENTENCE law because Virginia failed to prove a compelling state interest in preventing interracial marriages. Legislation discriminating on the basis of religion or ethnicity as well as those statutes that affect fundamental rights also are inherently suspect. Depending on the facts of the case legal resident aliens may be deemed a suspect class under the Equal Protection Clause so courts will take a hard look at state laws barring aliens from government jobs. For example in Bernal v. Fainter 467 US 216 81 L Ed 2d 175 104 S Ct 2312 1984 a state law prevented . citizens from becoming notaries public. The Supreme Court struck down the statute because it could not withstand strict scrutiny. The state was unable to convince the Court of the necessity to keep aliens from becoming notaries public. Religion has also been deemed a suspect classification. However this finding has been limited to lower federal courts and state courts. Konikov v. Orange County 302 F. Supp. 2d 1328 . Fla. 2004 Walsh v. Carney Hosp. Corp. 1998 WL 1470698 Mass. Super. 1998 . The . Supreme Court has suggested that religion may be a suspect classification in dicta but never in an express holding. Other classifications such as those based on gender and illegitimacy children born out of wedlock are considered quasi-suspect classifications and are governed by an intermediate standard of judicial review. Gender discrimination is justified only if the classification bears a fair and substantial relation to an important governmental interest. . v. Virginia 518 . 515 116 S. Ct. 2264 135 L. Ed. 2d 735 1996 . This intermediate scrutiny rather than the more restrictive test used for racial classifications has also been applied to gender-based affirmative action programs. Discrimination against illegitimate children is justified only if the classification is substantially related to a legitimate state interest. Mills v. Habluetzel 456 . 91 99 102 S. Ct. 1549 1554 71 L. Ed.
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