More v. Farrier, 984 F.2d 269 (8th Cir. 1993). · Go Syfert
More v. Farrier, 984 F.2d 269 (8th Cir. 1993). Cases Citing This Book View Copy Cite
Quick Summary

Federal courts should defer to the judgment of prison officials regarding equal protection claims absent evidence of invidious discrimination.

Wheelchair-bound inmates brought a civil rights action alleging that prison officials violated their equal protection rights under the Fourteenth Amendment by refusing to install cable television service in their individual cells in a special needs unit. Although the inmates were similarly situated to other prisoners regarding television access, the court applied a rational basis standard because wheelchair-bound inmates do not constitute a suspect class and television is not a fundamental right. Under the rational basis test, state action is presumed constitutional and will not be set aside if any set of facts can reasonably be conceived to justify it. Because the prison provided substantially equivalent access via a community room, the court held the officials did not engage in invidious discrimination.

103 citation events (58 in the last 25 years) across 26 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Cited for
At page 271 Reviewing equal protection claims under rational basis57 citing cases“state action is presumed constitutional and 'will not be set aside if any set of facts reasonably may be conceived to justify it.”9 citing courts quote it · 54 listed here
  • Stakey, No. 1:25-cv-00363 (D. Idaho Feb. 4, 2026).
    “state action is presumed constitutional and ‘will not be set aside if any set of facts reasonably may be conceived to justify it”
  • Herrera v. Aguilera, No. 5:24-cv-05786 (N.D. Cal. Apr. 11, 2025).
    (absent 13 evidence of invidious discrimination, federal courts should defer to judgment of prison 14 officials)
  • (PC) Spencer v. Pulido-Esparza, No. 1:20-cv-01176 (E.D. Cal. May 10, 2023).
    (holding federal courts, absent evidence of invidious discrimination, should defer to 17 judgment of prison officials)
  • (PC) Spencer v. Pulido-Esparza, No. 1:20-cv-01176 (E.D. Cal. Apr. 7, 2023).
    (holding federal courts, absent evidence of invidious discrimination, should defer to 13 judgment of prison officials)
  • Harris v. Atchley, No. 3:22-cv-00529 (N.D. Cal. Mar. 1, 2022).
    More v. Farrier, 984 F.2d 269, 271-72 (8th Cir. 22 1993).
  • Lopez v. Thomas, No. 4:21-cv-07136 (N.D. Cal. Dec. 21, 2021).
    (absent evidence of invidious 22 discrimination, federal courts should defer to judgment of prison officials)
  • Belue v. Parole & Pardons, No. 1:21-cv-00080 (D. Idaho July 19, 2021).
    More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993).
  • Jones v. Runge, No. 5:21-cv-00281 (N.D. Cal. May 11, 2021).
    (absent evidence of invidious discrimination, federal courts should defer to 10 judgment of prison officials)
  • Smith v. Sirwet-Binning, No. 5:20-cv-05542 (N.D. Cal. Jan. 6, 2021).
    (absent evidence of invidious 15 discrimination, federal courts should defer to judgment of prison officials)
  • Galanti v. Nevada Dept of Corr., No. 2:19-cv-01044 (D. Nev. Oct. 27, 2020).
    More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993). 3 Plaintiff’s equal protection claim is based on the alleged disparate treatment between 4 inmate workers and inmate students.
Show 44 more citing cases
  • Sayles v. State of Nevada, No. 2:18-cv-01007 (D. Nev. Sept. 28, 2020).
    More v. Farrier, 984 F.2d 269 271 (8th Cir. 1993). 24 As best the Court can discern, Plaintiff alleges he has already expired each of the 25 sentences at issue, although he does not make clear when the sentences became expired. 1 Plaintiff…
  • Lucus v. Koenig, No. 5:19-cv-07938 (N.D. Cal. July 21, 2020).
    More v. Farrier, 984 F.2d 269, 271-72 (8th Cir. 1993) 13 (absent evidence of invidious discrimination, federal courts should defer to judgment of 14 prison officials); Timm v. Gunter, 917 F.2d 1093, 1099 (8th Cir. 1990) (same).
  • Johnson v. Hutchinson, No. 4:17-cv-00181 (E.D. Ark. June 1, 2020).
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • Jones v. Hutchinson, No. 4:17-cv-00184 (E.D. Ark. June 1, 2020).
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • Ward v. Hutchinson, No. 4:17-cv-00182 (E.D. Ark. June 1, 2020).
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • Nooner v. Hutchinson, No. 4:17-cv-00183 (E.D. Ark. June 1, 2020).
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • Lee v. Hutchinson, No. 4:17-cv-00188 (E.D. Ark. June 1, 2020).
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • Williams v. Hutchinson, No. 4:17-cv-00186 (E.D. Ark. June 1, 2020).
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • Davis v. Hutchinson, No. 4:17-cv-00187 (E.D. Ark. June 1, 2020).
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • Williams v. Hutchinson, No. 4:17-cv-00185 (E.D. Ark. June 1, 2020).
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • McGehee v. Hutchinson, 463 F. Supp. 3d 870 (E.D. Ark. 2020).published
    This “inquiry focuses on whether the plaintiffs are similarly situated to another group for the purposes of the challenged government action.” Id. (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)).
  • Sandra M. Conard v. Comm'r (T.C. 2020).published
    Indeed, courts have held that even “the disabled are not a suspect or quasi-suspect class.” See, e.g., United States v. Harris, 197 F.3d 870, 876 (7th Cir. 1999) (applying City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 (1985), and…
  • Guzman v. Jones, No. 4:19-cv-03757-HSG (N.D. Cal. Nov. 26, 2019).
    (absent evidence of 8 invidious discrimination, federal courts should defer to judgment of prison officials)
  • Wilkins v. Cnty. of Contra Costa, No. 3:16-cv-07016 (N.D. Cal. Nov. 19, 2019).
    More v. Farrier, 984 F.2d 269, 271-72 (8th Cir. 27 1993) (absent evidence of invidious discrimination, federal courts should defer to judgment of F.3d 1021, 1030 (9th Cir. 2013).
  • Wattleton v. Hodge, No. 0:18-cv-00793 (D. Minn. June 11, 2019).
    Dec. 10, 2012) (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993)), R&R adopted, 2013 WL 1292191 (D.
  • Wal-Mart Stores, Inc. v. Knickrehm, 101 F. Supp. 2d 749 (E.D. Ark. 2000).published
    More v. Farrier, 984 F.2d 269, 271 (8th Cir.1993).
  • Coolbaugh v. La State, No. 96-30664 (5th Cir. Mar. 25, 1998).published
    The Archbishop “suspect class” for purposes of equal protection analysis.”); Suffolk Parents of Handicapped Adults v. Wingate, 101 F.3d 818, 824-27 (2d Cir. 1996) (applying rational basis standard to claims of handicapped individuals who c…
  • Stafford J. Coolbaugh v. State of Louisiana, 136 F.3d 430 (5th Cir. 1998).published 2 cites
    See Hansen v. Rimel, 104 F.3d 189 , 190 n. 3 (8th Cir.1997) ("Although protected by statutory enactments such as the [ADA], the disabled do not constitute a 'suspect class' for purposes of equal protection analysis."); Suffolk Parents of H…
  • Jerry L. Hansen v. Judy Rimel, 104 F.3d 189 (8th Cir. 1997).published 4 cites
    See, e.g., Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 442 (1985) (mentally retarded not a constitutionally protected suspect class); More v. Farrier, 984 F.2d 269, 271 (8th Cir.), cert. denied, 510 U.S. 819 (1993) (physically di…
  • Mayer v. Univ. of Minnesota, 940 F. Supp. 1474 (D. Minn. 1996).published
    See City of Cleburne, Texas v. Cleburne Living Ctr., 473 U.S. 432, 442 , 105 S.Ct. 3249, 3255 , 87 L.Ed.2d 313 (1985) (“mental retardation” not a “quasi-suspect classification”); More v. Farrier, 984 F.2d 269, 271 (8th Cir.), cert. denied,…
  • Joseph Hosna v. Michael Groose, 80 F.3d 298 (8th Cir. 1996).published 2 cites
    We review the district court’s conclusions of law de novo, see More v. Farrier, 984 F.2d 269, 271 (8th Cir.), cert. denied, — U.S. -, 114 S.Ct. 74 , 126 L.Ed.2d 43 (1993), and its grant of injunctive relief for abuse of discretion; see F.T…
  • Joseph Frank Hosna v. Michael Groose David Dormire Jon W. Kirk Daniel Kempker Robert Acree, Kelly Neal v. Michael Groose Gerald Bommell Jack Kirk, Max D. Miller v. Michael Groose David Dormire Dick Moore Steve Long Gerald Bommell Jack Kirk, Joseph Frank Hosna v. Michael Groose David Dormire Jon W. Kirk Daniel Kempker Robert Acree, Donald E. Miller v. Michael Groose Jon W. Kirk David Dormire Gerald Bommell Daniel Kempker Betty Jaeger John Doe Robert Faith James Eberle, Kelly Neal v. Mike Groose Gerald Bommell Jack Kirk, Max D. Miller v. Michael Groose David Dormire Dick Moore Steve Long Gerald Bommell Jack Kirk, Donald E. Miller v. Michael Groose Jon W. Kirk David Dormire Gerald Bommell Daniel Kempker Betty Jaeger, John Doe, Robert Faith, James Eberle, Robert Don Arnold v. Dick Moore Gail Hughes Steve Long Michael Groose, Robert Don Arnold v. Dick Moore Gail Hughes Steve Long Michael Groose, 80 F.3d 298 (8th Cir. 1996).published 2 cites
    II. 16 We review the district court's conclusions of law de novo, see More v. Farrier, 984 F.2d 269, 271 (8th Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 74 , 126 L.Ed.2d 43 (1993), and its grant of injunctive relief for abuse of discret…
  • Rosen v. Bd. of Med. Examiners, 539 N.W.2d 345 (Iowa 1995).published
    More v. Farrier, 984 F.2d 269, 271 (8th Cir.1993).
  • Hanrahan v. Hous. & Redevelopment Auth. of Duluth, 912 F. Supp. 428 (D. Minn. 1995).published 2 cites
    Id., 473 U.S. at 441-43 , 105 S.Ct. at 3255-56; More v. Farrier, 984 F.2d 269, 271 (8th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 74 , 126 L.Ed.2d 43 (1993).
  • Dell v. French, 38 Va. Cir. 91 (Fairfax Cir. Ct. 1995).published
    Similarly, in More v. Farrier, 984 F.2d 269 (8th Cir. 1993), the Eighth Circuit held that the adoption of the ADA did not “alter the standard for constitutional equal protection claims.” 984 F.2d at 271, n. 4 .
  • DePugh v. Smith, 880 F. Supp. 651 (N.D. Iowa 1995).published
    Id.; More v. Farrier, 984 F.2d 269, 271 (8th Cir.), cert. *665 denied, — U.S. -, 114 S.Ct. 74 , 126 L.Ed.2d 43 (1993).
  • Walker v. Nelson, 863 F. Supp. 1059 (D. Neb. 1994).published
    More v. Farrier, 984 F.2d 269, 271 (8th Cir.), cert, denied, — U.S. -, 114 S.Ct. 74 , 126 *1065 L.Ed.2d 48 (1993).
  • Barber v. Frakes, No. 8:18-cv-00410 (D. Neb. Oct. 1, 2020).
    (physically disabled inmates not a suspect class (citing City of Cleburne, 473 U.S. at 441–43))
  • Roubideaux v. North Dakota Dep't of Corr. & Rehab., 523 F. Supp. 2d 952 (D.N.D. 2007).published
    See Klinger v. Dep’t of Corr., 31 F.3d 727 , 731 (8th Cir.1994) (citing More v. Farrier, 984 F.2d 269, 271 (8th Cir.1993)).
  • DeLite Outdoor Advert., Inc. v. City of St. Paul, 167 F. Supp. 2d 1072 (D. Minn. 2001).published
    See More v. Farrier, 984 F.2d 269, 271 (8th Cir.1993).
  • Klingner v. City of Braham, 130 F. Supp. 2d 1068 (D. Minn. 2001).published
    See More v. Farrier, 984 F.2d 269, 271 (8th Cir.1993); Moreland v. United States, 968 F.2d 655, 660 (8th Cir.1992).
  • Laura Keevan v. Donald Smith, 100 F.3d 644 (8th Cir. 1996).published 3 cites
    See More v. Farrier, 984 F.2d 269, 271 (8th Cir.), cert. denied, 510 U.S. 819 (1993). 12 In Klinger, this Court was asked to determine whether female prisoners, all of whom were incarcerated at the Nebraska Center for Women (NCW), were sub…
  • Duwayne Melvin Gorden v. Dennis L. Benson, 62 F.3d 1421 (8th Cir. 1995).unpublished
    See More v. Farrier, 984 F.2d 269, 271 (8th Cir.) (equal protection standard), cert. denied, 114 S. Ct. 74 (1993). 6 Accordingly, the judgment of the District Court is affirmed. 1 The Honorable Michael James Davis, United States District J…
  • Klinger v. Dep't of Corr., 31 F.3d 727 (8th Cir. 1994).published
  • Pargo v. Elliott, 894 F. Supp. 1239 (S.D. Iowa 1994).published
  • Frazier v. City of Grand Ledge, MI, 135 F. Supp. 2d 845 (W.D. Mich. 2001).published
  • Martinez v. Morgan, No. 1:19-cv-00201 (D. Idaho Aug. 7, 2019).
  • Alkarawi v. Diaz, No. 1:20-cv-00187 (D. Idaho June 29, 2020).
  • Allen v. Chappa, No. 1:20-cv-00200 (D. Idaho Aug. 18, 2020).
  • Kinner v. Ada Cnty. Prosecutors Off., No. 1:21-cv-00128 (D. Idaho June 30, 2021).
  • Alesi v. Corizon Health Inc., No. 1:22-cv-00289 (D. Idaho May 3, 2023).
  • Alesi v. Corizon Health Inc, No. 1:23-cv-00053 (D. Idaho July 27, 2023).
  • Drennon v. Idaho Bd. of Corr., No. 1:25-cv-00216 (D. Idaho May 9, 2025).
  • Govan, No. 4:24-cv-00541 (D. Idaho Dec. 10, 2025).
At page 270 Determining necessity of cable service for adequate reception4 citing cases“[c]able service is necessary for adequate television reception at [the] ISP”2 citing courts quote it
At page 272 “alter the standard for constitutional equal protection claims”3 citing cases3 citing courts quote it
Other citing cases3 with no pin cite or quoted language on record
Glendale MORE, Jr.
v.
Harold FARRIER Paul Grossheim Crispus Nix John Henry Paul Hedgepeth Jim Helling John Emmitt Ken Wittry Michael Anderson Steve Davis Glen Jones Steve Young Salace Gerdes Roger Lawson George Fenn and Tom Mannsheim, Michael E. Burrows John Coburn
No. 92-1468.
Court of Appeals for the Eighth Circuit.
Jan 27, 1993.
Published opinion
984 F.2d 269
1993 WL 13505
Layne M. Lindebak, Asst. Atty. Gen., Des Moines, IA, argued, for appellants., George S. Eichhorn, Des Moines, IA, argued (Mark S. Pennington, on the brief), for appellees.
Beam, Fagg, Hansen.
Cited by 74 opinions  |  Published
BEAM, Circuit Judge.

Glendale More, Jr., an Iowa State Penitentiary (“ISP”) inmate who regularly uses a wheelchair, brought this 42 U.S.C. § 1983 civil rights action on behalf of himself and two other wheelchair-bound ISP inmates[1] (collectively “appellees”) to settle their rights and privileges at ISP. The only issue on appeal is whether the named Iowa prison officials violated appellees’ rights to equal protection under the Fourteenth Amendment by refusing to install cable television service in their individual cells.[2] The district court referred this issue to a magistrate judge who decided, based on stipulated facts, that appellees failed to prove a constitutional violation. On a de novo review of the record the district court rejected the magistrate judge’s recommendation, found an equal protection violation, and issued injunctive and declaratory relief. We reverse.

I. BACKGROUND

The stipulated facts indicate that prior to December 1987, appellees were incarcerated in Cellhouse 217, the only cellhouse in the ISP system that could accommodate wheelchair-bound inmates. While they were housed at Cellhouse 217, appellees, like all other inmates in good standing, were permitted to purchase television sets from approved distributors and were provided with cable television service in their individual cells.

Cellhouse 217 was subsequently closed by court order and all prisoners were relocated. Because of their physical disabilities, on December 17, 1987, ISP moved appellees to an area of the infirmary known as the Special Needs Unit. Unlike all other cells at ISP, the cells in the Special Needs Unit are not equipped with cable television service and the prison has refused to install cable service in the individual Special Needs Unit cells. Cable service is necessary for adequate television reception at ISP.

Pursuant to the consent order, ISP provides appellees access to two cable televisions in the community room between 7:00 a.m. and 10:00 p.m. daily. Appellees report problems with viewing television in the community room, however, including disagreements over program selection, noise,[3] second-hand smoke from other inmates, and the inability to take college credit classes' on educational television if they choose to do so.

Counsel for the prison stated at the settlement conference that the cost of running cable into appellees’ cells was not the main reason for denying in-cell cable service. The prison officials proffered two other reasons for denying access to in-cell cable television in the Special Needs Unit. The[*271] district court rejected those reasons as not rationally related to the legitimate interests of the institution, and held that the prison officials violated appellees’ equal protection rights by failing to provide them with in-cell cable television service.

II. DISCUSSION

Because the parties stipulated the facts below, there are no factual issues on appeal. We conduct a de novo review of the district court’s application of the law to the facts. Mangels v. United States, 828 F.2d 1324, 1326 (8th Cir.1987). Despite television’s importance in modern society, appellees have no fundamental right to in-cell cable television, and wheelchair-bound inmates are not a suspect class. City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 441-43, 105 S.Ct. 3249, 3255-56, 87 L.Ed.2d 313 (1985). Accordingly, we review appellees’ equal protection claim under a rational basis standard.[4] Under this standard appellees prevail if (1) they are similarly situated with persons who are treated differently by ISP, and (2) ISP has no rational basis for the dissimilar treatment. Moreland v. United States, 968 F.2d 655, 660 (8th Cir.) (en banc), cert. denied, — U.S. -, 113 S.Ct. 675, 121 L.Ed.2d 598 (1992).

The prison officials argue that appellees are not similarly situated with other inmates in good standing because wheelchair-bound inmates present unique penological challenges. To support their argument, the prison officials cite difficulties with providing appellees access to prison programs and to certain areas of the prison that are open to more ambulatory prisoners. The problems that ISP may confront in providing appellees access to the chapel, gym, job sites, or other facilities, however, are irrelevant to the determination whether appellees are similarly situated to other inmates with respect to in-cell cable television service. See Reed v. Reed, 404 U.S. 71, 76, 92 S.Ct. 251, 254, 30 L.Ed.2d 225 (1971) (a classification must rest upon some ground having a fair and substantial relationship to the object of the case). Appel-lees are as capable of watching television in their cells as any other prisoner at ISP. The prison officials would not have to provide any special assistance for appellees to watch television in their own cells rather than in the community room. Accordingly, we find that appellees are similarly situated with other prisoners who have in-cell cable service for the purposes of this case.

Under the rational basis test, even where similarly situated persons are treated differently by the state, state action is presumed constitutional and “will not be set aside if any state of facts reasonably may be conceived to justify it.” McGowan v. Maryland, 366 U.S. 420, 426, 81 S.Ct. 1101, 1105, 6 L.Ed.2d 393 (1961). We will uphold a challenged state action so long as it bears a rational relationship to a state objective not prohibited by the Constitution. See Stiles v. Blunt, 912 F.2d 260, 263 (8th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1307, 113 L.Ed.2d 241 (1991). Not all government-created inequalities are forbidden by the Constitution. “The prohibition of the Equal Protection Clause goes no further than the invidious discrimination.” Williamson v. Lee Optical of Oklahoma, Inc., 348 U.S. 483, 489, 75 S.Ct. 461, 465, 99 L.Ed. 563 (1955). We cannot say that ISP has crossed that line in this case.

As indicated, prior to the court-ordered closing of Cellhouse 217, ISP provided ap-pellees with the same cable service as all other ISP prisoners. The closing of Cell-house 217 necessitated moving appellees to the Special Needs Unit and created numerous access problems for appellees, including the deprivation of in-cell cable television. Appellees negotiated with the prison officials over most of the problems created by the closing of Cellhouse 217. The result of those negotiations is a Consent Order that mandates some physical reforms and obligates ISP to provide appellees with some privileges that are unavailable to other ISP inmates. Appellees’ privileges include longer unlocked cell hours which allow appellees to watch the two cable televi[*272]sions provided for them in the community room.

ISP is entitled to prioritize the problems presented by the closing of Cellhouse 217 and to address those problems it judges most acute. See id. On this record, the prison officials may rationally decide that installing cable service in the cells of the Special Needs Unit is not worth the effort even though the cost of installation would be minimal. Although ISP has not provided appellees with in-cell cable service, the prison officials have provided ap-pellees with substantially equivalent access to television a short distance from their cells. Thus, this case does not rise to the level of invidious discrimination proscribed by the Equal Protection Clause. Absent evidence of such discrimination, the federal courts should defer to the judgment of the prison officials. Timm v. Gunter, 917 F.2d 1093, 1099 (8th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2807, 115 L.Ed.2d 979 (1991).

III. CONCLUSION

For the reasons discussed above, the decision of the district court is reversed.

1

The separate complaints filed by Glendale More, Jr., Michael E. Burrows, and John Co-burn were consolidated into a single action below.

2

The district court settled all other issues in the case with a consent order that required, among other things, physical modifications to architectural barriers, assisted access to portions of the prison, access to certain prison programs and privileges, and additional privileges that differ from the privileges afforded to inmates in the general population. More v. Farrier, No. 87-501-B Consent Order (S.D.Iowa Dec. 21, 1990). The consent order reserved the in-cell cable television issue for resolution by the court.

3

According to the prison officials, the community room televisions have been equipped with head phones to screen out noise in accordance with an oral agreement between the parties. Affidavits of Crispus C. Nix, App. at 60.

4

Appellees argue that they are entitled to heightened scrutiny as a result of "increased federal and state concerns over the rights of handicapped individuals.” Appellees' Brief at 13-14 (citing the Americans with Disabilities Act, 42 U.S.C. § 12101 and Iowa Code Chapt. 601A). These statutes do not, however, purport to alter the standard for constitutional equal protection claims.