rational basis test in Virginia

2020The disjunctive portion of this statute: criminalizing incest between parents and/or grandparents and their natural children and/or grandchildren; as well as sexual intercourse between parents and grandparents (natural or by affinity), and any child between the ages of thirteen and eighteen, clearly passes a rational basis test under Lawrence v. Texas, 539 U.S. 558 (2003), and thus would be constitutional.

2005Rather, the Court applied a rational basis test, but held that "[t]he Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual." Id.

2008Lehnhausen v. Lake Shore Auto Parts Co., 410 U.S. 356, 364 , 93 S. Ct. 1001 , 35 L.

2008Lehnhausen v. Lake Shore Auto Parts Co., 410 U.S. 356, 364 , 93 S. Ct. 1001 , 35 L.

1999While illegitimacy is a classification which has been afforded higher scrutiny, see, e.g., Pickett v. Brown, 462 U.S. 1 (1983), father has not - 7 - demonstrated that the classification he challenges must satisfy more than the rational basis test.

1989Classifications based upon gender, see, e.g., Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976); alienage, see, e.g., Plyler v. Doe, 457 U.S. 202 , 102 S.Ct. 2382 , 72 L.Ed.2d 786 (1982); and illegitimacy, see, e.g., Pickett v. Brown, 462 U.S. 1 , 103 S.Ct. 2199 , 76 L.Ed.2d 372 (1983), are entitled to receive a level of scrutiny between strict scrutiny and the rational basis test. [8] The record indicates that the hospital had liability insurance coverage up to $11,000,000. [9] By 1986, the medical malpractice cap contained in Code § 8.01-581.15 had been increased from $750,

2025Hess, 240 Va. at 53 .

2022Id.

2022Under the rational basis test, an ordinance’s “classifications are ‘permissible if the governmental objective is “legitimate” and the classification[s] bear[] a “reasonable” or “substantial” relation thereto.’” Id. (alterations in original).

2018Romer v. Evans, 517 U.S. 620 (1996), overturned a Colorado constitutional amendment aimed at homosexuals using the rational basis test. 2 E.g., “Although, in construing the terms of the Fourteenth Amendment, differences have from time to time been expressed as to whether particular types of state action may be said to offend the Amendment’s prohibitory provisions, it has never been suggested that state court action is immunized from the operation of those provisions simply because the act is that of the judicial branch of the state government.” Shelley v. Kraemer, 334 U.S. 1, 18 (1948).

2018Romer v. Evans, 517 U.S. 620 (1996), overturned a Colorado constitutional amendment aimed at homosexuals using the rational basis test. 2 E.g., “Although, in construing the terms of the Fourteenth Amendment, differences have from time to time been expressed as to whether particular types of state action may be said to offend the Amendment’s prohibitory provisions, it has never been suggested that state court action is immunized from the operation of those provisions simply because the act is that of the judicial branch of the state government.” Shelley v. Kraemer, 334 U.S. 1, 18 (1948).

2018More relevantly, in Palmore v. Sidoti, 466 U.S. 429 (1984), the Supreme Court overturned a Florida custody order using the strict scrutiny test, the highest tier of review, because it had been based on racial considerations. -4- Lawrence v. Texas, 539 U.S. 558 (2003), overturned Bowers v. Hardwick, 478 U.S. 186 (1986), and invalidated a Texas anti-sodomy law on the grounds that Bowers had too narrowly characterized the behavior at issue as “whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy.” Lawrence, 539 U.S. at 566 .

2018More relevantly, in Palmore v. Sidoti, 466 U.S. 429 (1984), the Supreme Court overturned a Florida custody order using the strict scrutiny test, the highest tier of review, because it had been based on racial considerations. -4- Lawrence v. Texas, 539 U.S. 558 (2003), overturned Bowers v. Hardwick, 478 U.S. 186 (1986), and invalidated a Texas anti-sodomy law on the grounds that Bowers had too narrowly characterized the behavior at issue as “whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy.” Lawrence, 539 U.S. at 566 .

2007The court then applied the rational basis test and held that the Supreme Court's determination in Smith v. Doe, that the Alaska statute served a "`legitimate nonpunitive purpose,'" and that the categories of crimes and "`corresponding length of the reporting requirement'" were "`reasonably related to the danger of recidivism'" and were "`consistent with the regulatory objective,'" compelled the conclusion that the reporting requirement was valid, although the petitioners did "possess liberty interests that are indeed important." Tandeske, 361 F.3d at 597 (quoting Smith, 538 U.S. at 102 -03 , 1

2007The court then applied the rational basis test and held that the Supreme Court's determination in Smith v. Doe, that the Alaska statute served a "`legitimate nonpunitive purpose,'" and that the categories of crimes and "`corresponding length of the reporting requirement'" were "`reasonably related to the danger of recidivism'" and were "`consistent with the regulatory objective,'" compelled the conclusion that the reporting requirement was valid, although the petitioners did "possess liberty interests that are indeed important." Tandeske, 361 F.3d at 597 (quoting Smith, 538 U.S. at 102 -03 , 1

2007We find no precedential basis to apply a strict scrutiny standard as Gray contends and therefore apply a rational basis standard of review to Gray's challenge that Code § 18.2-31(12) is unconstitutional under equal protection grounds. 10 A classification reviewed under a rational basis standard "is accorded a strong presumption of validity." Heller v. Doe, 509 U.S. 312 , 318-21, 113 S.Ct. 2637 , 125 L.Ed.2d 257 (1993); see FCC v. Beach Communications, Inc., 508 U.S. 307 , 313-15, 113 S.Ct. 2096 , 124 L.Ed.2d 211 (1993); Kadrmas, 487 U.S. at 462 , 108 S.Ct. 2481 ; Hodel v. Indiana, 452 U.S. 314

2007We find no precedential basis to apply a strict scrutiny standard as Gray contends and therefore apply a rational basis standard of review to Gray's challenge that Code § 18.2-31(12) is unconstitutional under equal protection grounds. 10 A classification reviewed under a rational basis standard "is accorded a strong presumption of validity." Heller v. Doe, 509 U.S. 312 , 318-21, 113 S.Ct. 2637 , 125 L.Ed.2d 257 (1993); see FCC v. Beach Communications, Inc., 508 U.S. 307 , 313-15, 113 S.Ct. 2096 , 124 L.Ed.2d 211 (1993); Kadrmas, 487 U.S. at 462 , 108 S.Ct. 2481 ; Hodel v. Indiana, 452 U.S. 314

2007Particularly because the rational basis standard applies to our examination of Code § 18.2-31(12), Payne v. Commonwealth, 233 Va. 460 , 474, 357 S.E.2d 500 , 509 (1987), we will accord that legislative act a presumption of constitutionality. 11 Under well-established rational basis analysis, the Commonwealth has no obligation to produce evidence to sustain the rationality of Code § 18.2-31(12) because "[a] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data." Finn v. Virginia Retirement Sys., 259 Va. 144

2007Particularly because the rational basis standard applies to our examination of Code § 18.2-31(12), Payne v. Commonwealth, 233 Va. 460 , 474, 357 S.E.2d 500 , 509 (1987), we will accord that legislative act a presumption of constitutionality. 11 Under well-established rational basis analysis, the Commonwealth has no obligation to produce evidence to sustain the rationality of Code § 18.2-31(12) because "[a] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data." Finn v. Virginia Retirement Sys., 259 Va. 144

2007For example, the United States Court of Appeals for the Fifth Circuit, citing Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976), has held that the "equal protection clause[] do[es] not require a higher level of scrutiny for legislative classifications that may result in the death penalty." Gray v. Lucas, 677 F.2d 1086 , 1104 (5th Cir.1982).

2007See Pope v. Commonwealth, 234 Va. 114 , 121-22, 360 S.E.2d 352 , 357 (1987), cert. denied, 485 U.S. 1015 , 108 S.Ct. 1489 , 99 L.Ed.2d 716 (1988); Stockton v. Commonwealth, 227 Va. 124 , 135, 314 S.E.2d 371 , 378 (1984), cert. denied, 469 U.S. 873 , 105 S.Ct. 229 , 83 L.Ed.2d 158 ; Whitley v. Commonwealth, 223 Va. 66 , 77-78, 286 S.E.2d 162 , 169 (1982), cert. denied, 459 U.S. 882 , 103 S.Ct. 181 , 74 L.Ed.2d 148 (1982).

2007See Pope v. Commonwealth, 234 Va. 114 , 121-22, 360 S.E.2d 352 , 357 (1987), cert. denied, 485 U.S. 1015 , 108 S.Ct. 1489 , 99 L.Ed.2d 716 (1988); Stockton v. Commonwealth, 227 Va. 124 , 135, 314 S.E.2d 371 , 378 (1984), cert. denied, 469 U.S. 873 , 105 S.Ct. 229 , 83 L.Ed.2d 158 ; Whitley v. Commonwealth, 223 Va. 66 , 77-78, 286 S.E.2d 162 , 169 (1982), cert. denied, 459 U.S. 882 , 103 S.Ct. 181 , 74 L.Ed.2d 148 (1982).

2007We find no precedential basis to apply a strict scrutiny standard as Gray contends and therefore apply a rational basis standard of review to Gray's challenge that Code § 18.2-31(12) is unconstitutional under equal protection grounds. 10 A classification reviewed under a rational basis standard "is accorded a strong presumption of validity." Heller v. Doe, 509 U.S. 312 , 318-21, 113 S.Ct. 2637 , 125 L.Ed.2d 257 (1993); see FCC v. Beach Communications, Inc., 508 U.S. 307 , 313-15, 113 S.Ct. 2096 , 124 L.Ed.2d 211 (1993); Kadrmas, 487 U.S. at 462 , 108 S.Ct. 2481 ; Hodel v. Indiana, 452 U.S. 314

2007We find no precedential basis to apply a strict scrutiny standard as Gray contends and therefore apply a rational basis standard of review to Gray's challenge that Code § 18.2-31(12) is unconstitutional under equal protection grounds. 10 A classification reviewed under a rational basis standard "is accorded a strong presumption of validity." Heller v. Doe, 509 U.S. 312 , 318-21, 113 S.Ct. 2637 , 125 L.Ed.2d 257 (1993); see FCC v. Beach Communications, Inc., 508 U.S. 307 , 313-15, 113 S.Ct. 2096 , 124 L.Ed.2d 211 (1993); Kadrmas, 487 U.S. at 462 , 108 S.Ct. 2481 ; Hodel v. Indiana, 452 U.S. 314

2007See Pope v. Commonwealth, 234 Va. 114 , 121-22, 360 S.E.2d 352 , 357 (1987), cert. denied, 485 U.S. 1015 , 108 S.Ct. 1489 , 99 L.Ed.2d 716 (1988); Stockton v. Commonwealth, 227 Va. 124 , 135, 314 S.E.2d 371 , 378 (1984), cert. denied, 469 U.S. 873 , 105 S.Ct. 229 , 83 L.Ed.2d 158 ; Whitley v. Commonwealth, 223 Va. 66 , 77-78, 286 S.E.2d 162 , 169 (1982), cert. denied, 459 U.S. 882 , 103 S.Ct. 181 , 74 L.Ed.2d 148 (1982).

2007See Pope v. Commonwealth, 234 Va. 114 , 121-22, 360 S.E.2d 352 , 357 (1987), cert. denied, 485 U.S. 1015 , 108 S.Ct. 1489 , 99 L.Ed.2d 716 (1988); Stockton v. Commonwealth, 227 Va. 124 , 135, 314 S.E.2d 371 , 378 (1984), cert. denied, 469 U.S. 873 , 105 S.Ct. 229 , 83 L.Ed.2d 158 ; Whitley v. Commonwealth, 223 Va. 66 , 77-78, 286 S.E.2d 162 , 169 (1982), cert. denied, 459 U.S. 882 , 103 S.Ct. 181 , 74 L.Ed.2d 148 (1982).

2007See Pope v. Commonwealth, 234 Va. 114 , 121-22, 360 S.E.2d 352 , 357 (1987), cert. denied, 485 U.S. 1015 , 108 S.Ct. 1489 , 99 L.Ed.2d 716 (1988); Stockton v. Commonwealth, 227 Va. 124 , 135, 314 S.E.2d 371 , 378 (1984), cert. denied, 469 U.S. 873 , 105 S.Ct. 229 , 83 L.Ed.2d 158 ; Whitley v. Commonwealth, 223 Va. 66 , 77-78, 286 S.E.2d 162 , 169 (1982), cert. denied, 459 U.S. 882 , 103 S.Ct. 181 , 74 L.Ed.2d 148 (1982).

2007See Pope v. Commonwealth, 234 Va. 114 , 121-22, 360 S.E.2d 352 , 357 (1987), cert. denied, 485 U.S. 1015 , 108 S.Ct. 1489 , 99 L.Ed.2d 716 (1988); Stockton v. Commonwealth, 227 Va. 124 , 135, 314 S.E.2d 371 , 378 (1984), cert. denied, 469 U.S. 873 , 105 S.Ct. 229 , 83 L.Ed.2d 158 ; Whitley v. Commonwealth, 223 Va. 66 , 77-78, 286 S.E.2d 162 , 169 (1982), cert. denied, 459 U.S. 882 , 103 S.Ct. 181 , 74 L.Ed.2d 148 (1982).

2007Courts in other states, all applying a rational basis standard of review, have examined statutes making age distinctions among adult criminal defendants committing the same act and determined that no equal protection violation exists. 12 The Supreme Court of Iowa in State v. Drake, 219 N.W.2d 492 (1974) analyzed an equal protection claim analogous to Gray's concerning an Iowa statute which fixed the crime of statutory rape to encompass those acts with a victim age sixteen or seventeen years old, but only if the defendant was twenty-five years old or older.

2007The defendant in Drake contended that the "unequal treatment of males (those over 25 contrasted with those 25 or under) bears no reasonable relationship to the purpose sought to be accomplished," 219 N.W.2d at 495 , and thus violated the Equal Protection clause.

2007Particularly because the rational basis standard applies to our examination of Code § 18.2-31(12), Payne v. Commonwealth, 233 Va. 460 , 474, 357 S.E.2d 500 , 509 (1987), we will accord that legislative act a presumption of constitutionality. 11 Under well-established rational basis analysis, the Commonwealth has no obligation to produce evidence to sustain the rationality of Code § 18.2-31(12) because "[a] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data." Finn v. Virginia Retirement Sys., 259 Va. 144

2007Particularly because the rational basis standard applies to our examination of Code § 18.2-31(12), Payne v. Commonwealth, 233 Va. 460 , 474, 357 S.E.2d 500 , 509 (1987), we will accord that legislative act a presumption of constitutionality. 11 Under well-established rational basis analysis, the Commonwealth has no obligation to produce evidence to sustain the rationality of Code § 18.2-31(12) because "[a] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data." Finn v. Virginia Retirement Sys., 259 Va. 144