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: | |