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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Lindsey v. Normet, 405 U.S. 56 (1972)

Citation
Lindsey v. Normet, 405 U.S. 56 (1972)
Parent Document
Lindsey v. Normet, 405 U.S. 56 (1972)

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Appellants argue, however, that a more stringent standard than mere rationality should be applied both to the challenged classification and its stated purpose. They contend that the 'need for decent shelter' and the 'right to retain peaceful possession of one's home' are fundamental interests which are particularly important to the poor and which may be trenched upon only after the State demonstrates some superior interest. They invoke those cases holding that certain classifications based on unalterable traits such as race 21 and lineage 22 are inherently suspect and must be justified by some 'overriding statutory purpose.' They also rely on cases where classifications burdening or infringing constitutionally protected rights were required to be justified as 'necessary to promote a compelling governmental interest.' 23 19