Cleburne v. Cleburne Living Center

1985

Venue: SCOTUS

Facts: TX city doesn't want a group home constructed, and denies a permit under its zoning ordinance.

Posture: 5th Cir says the ordinance violates equal protection.

Issue: Is the zoning ordinance valid under equal protection?

Holding: No.

Rule: Generally, all we need is rational basis.

Reasoning: There are good reasons not to consider mental retardation a quasi-suspect category.

But the reasons advanced by the city are an obvious sham. It's pure irrational prejudice.


Dicta: