Note: This is an educational course, not legal advice.
Most laws classify in ordinary ways: by business type, by income bracket, by license. Under the framework, these get rational basis review: a law is valid if it is rationally related to a legitimate government interest. The challenger must negate every conceivable reason for it, and the reason need not be the one the legislature actually had.
Why it works
Rational basis is deferential on purpose. Legislatures make countless line-drawing choices, and voters can change them. Courts that second-guessed each one would be doing what the Lochner era was criticized for. Still, the test has a floor. A few laws have failed because the only apparent purpose was dislike of a group. In United States Department of Agriculture v. Moreno (1973) the Court said a "bare congressional desire to harm a politically unpopular group" is not a legitimate interest. In City of Cleburne v. Cleburne Living Center (1985) a city denied a permit for a group home for people with intellectual disabilities while allowing similar buildings for others; the Court declined to make disability a suspect class but found the denial rested on "irrational prejudice." In Romer v. Evans (1996) a state constitutional amendment barred any law protecting gay and lesbian people from discrimination; the Court found it inexplicable by anything but animus. Scholars sometimes call these cases "rational basis with bite"; the Court has not adopted that label, and it still says it applies ordinary rational basis.
Key idea
Rational basis: a law stands if it is rationally related to a legitimate interest; the challenger bears the burden, and any conceivable reason counts. Laws almost always pass (Railway Express), but a law whose only apparent purpose is animus toward a group can fail (Moreno, Cleburne, Romer).
Worked example: One step at a time
A state lets eye doctors but not opticians fit lenses without a prescription. An optician says the line is unfair because opticians are competent. Result?
- This is economic regulation: rational basis.
- The legislature might have thought a prescription step protects eye health; any conceivable reason is enough.
- Williamson v. Lee Optical (1955) upheld a law like this.
Answer: Upheld under rational basis.
Worked example: When it fails
A town requires a special permit for a home for adults with intellectual disabilities but not for apartment buildings, fraternity houses or nursing homes. It denies the permit, citing neighbors' fears. Result under Cleburne?
- Disability is not a suspect class, so rational basis applies.
- But the town treats this home differently from similar uses with no reason except fears and prejudice.
- Cleburne held that "mere negative attitudes" are not a permissible basis.
Answer: The denial is invalid, even under rational basis.
Common mistake
Thinking rational basis means automatic approval. It almost always does, but Moreno, Cleburne and Romer show it can fail when a law's only apparent purpose is dislike of a group. The opposite slip: thinking these cases raised the tier. Cleburne expressly kept disability at rational basis.