equal protection clause (Kansas) · Go Syfert
← Kansas issues

equal protection clause in Kansas

162 Kansas opinions name it 3 courts 1933–2026 18 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (23)

CaseFollowedCited
State v. Limongreen
kan · 2005 · cited in 9 Kansas opinions naming this issue, 2006–2025
2 sentences

2025He also references In re J.M., 276 Ga. 88, 90 , 575 S.E.2d 441 (2003), which held the constitutional right of privacy in the Georgia constitution prohibited the State from criminalizing "the private, non- commercial, consensual sexual acts of two persons legally capable of consenting to those acts." 14 Sanders also points out that the Kansas Supreme Court applied Lawrence in State v. Limon, 280 Kan. 275, 287 , 122 P.3d 22 (2005), which involved an equal protection challenge to the unlawful voluntary sexual relations statute because it punished members of different sexes less harshly than membe

2025He also references In re J.M., 276 Ga. 88, 90 , 575 S.E.2d 441 (2003), which held the constitutional right of privacy in the Georgia constitution prohibited the State from criminalizing "the private, non- commercial, consensual sexual acts of two persons legally capable of consenting to those acts." 14 Sanders also points out that the Kansas Supreme Court applied Lawrence in State v. Limon, 280 Kan. 275, 287 , 122 P.3d 22 (2005), which involved an equal protection challenge to the unlawful voluntary sexual relations statute because it punished members of different sexes less harshly than membe

59
State v. Cheeksgreen
kan · 2013 · cited in 6 Kansas opinions naming this issue, 2015–2021
2 sentences

2021A divided court held that K.S.A. 21-2512 violated the Fourteenth Amendment to the United States Constitution's guarantee of equal protection. 298 Kan. at 2 . 6 The majority "agree[d] with Cheeks that while our decision in [State v.] Salas[, 289 Kan. 245 , 210 P.3d 635 (2009),] foreclosed an equal protection challenge to [K.S.A. 21-2512] based on the elements of first- and second-degree murder, it left open the possibility of an equal protection challenge based on the punishment imposed for those two crimes." Cheeks I, 298 Kan. at 6 .

2021A divided court held that K.S.A. 21-2512 violated the Fourteenth Amendment to the United States Constitution's guarantee of equal protection. 298 Kan. at 2 . 6 The majority "agree[d] with Cheeks that while our decision in [State v.] Salas[, 289 Kan. 245 , 210 P.3d 635 (2009),] foreclosed an equal protection challenge to [K.S.A. 21-2512] based on the elements of first- and second-degree murder, it left open the possibility of an equal protection challenge based on the punishment imposed for those two crimes." Cheeks I, 298 Kan. at 6 .

36
Metropolis Theater Company, Plffs. In Err. v. City of Chicago and Ernest J. Magerstadtgreen
scotus · 1913 · cited in 3 Kansas opinions naming this issue, 1978–1985
33
Henry Ex Rel. Henry v. Baudergreen
kan · 1974 · cited in 6 Kansas opinions naming this issue, 1975–1999
2 sentences

1983“The equal protection clause of the Fourteenth Amendment to the United States Constitution finds its counterpart in Sections 1 and 2 of the Bill of Rights of the Kansas Constitution which declares in substance that ‘all men are possessed of *387 equal and inalienable natural rights, among which are life, liberty and the pursuit of happiness,’ and that ‘all free governments . . . are instituted for the equal protection and benefit of the people.’ While these two provisions of our Bill of Rights declare a political truth, they are given much the same effect as the clauses of the Fourteenth Amend

1983“The equal protection clause of the Fourteenth Amendment to the United States Constitution finds its counterpart in Sections 1 and 2 of the Bill of Rights of the Kansas Constitution which declares in substance that ‘all men are possessed of *387 equal and inalienable natural rights, among which are life, liberty and the pursuit of happiness,’ and that ‘all free governments . . . are instituted for the equal protection and benefit of the people.’ While these two provisions of our Bill of Rights declare a political truth, they are given much the same effect as the clauses of the Fourteenth Amend

26
Sharples v. Robertsgreen
kan · 1991 · cited in 3 Kansas opinions naming this issue, 1994–1995
23
Village of Arlington Heights v. Metropolitan Housing Development Corp.green
scotus · 1977 · cited in 2 Kansas opinions naming this issue, 2022–2022
22
Sessions v. Morales-Santanagreen
scotus · 2017 · cited in 2 Kansas opinions naming this issue, 2020–2020
22
Miller v. Johnsongreen
kan · 2012 · cited in 2 Kansas opinions naming this issue, 2016–2019
22
Butler v. City of Prairie Village, Kansasgreen
ca10 · 1999 · cited in 2 Kansas opinions naming this issue, 2015–2015
22
Gleason v. Carlsongreen
ksd · 1948 · cited in 2 Kansas opinions naming this issue, 1978–1978
22
Prendergast v. Nelsongreen
neb · 1977 · cited in 2 Kansas opinions naming this issue, 1978–1978
22
Manzanares v. Bellgreen
kan · 1974 · cited in 7 Kansas opinions naming this issue, 1975–1998
2 sentences

1985"The Legislature is presumed to act within its constitutional power despite the fact the application of its laws may result in some inequity. [Citation omitted.] The equal protection clause goes no further than to prohibit invidious discrimination." Manzanares v. Bell, 214 Kan. 589, 609 , 522 P.2d 1291 (1974).

1985"The Legislature is presumed to act within its constitutional power despite the fact the application of its laws may result in some inequity. [Citation omitted.] The equal protection clause goes no further than to prohibit invidious discrimination." Manzanares v. Bell, 214 Kan. 589, 609 , 522 P.2d 1291 (1974).

17
State Ex Rel. Schneider v. Liggettgreen
kan · 1978 · cited in 5 Kansas opinions naming this issue, 1978–1987
2 sentences

1987Therefore, the court concluded the defendant's equal protection challenge must be gauged by the traditional "rational relationship" test. 223 Kan. at 618 .

1987Therefore, the court concluded the defendant’s equal protection challenge must be gauged by the traditional “rational relationship” test. 223 Kan. at 618 .

15
Bair v. Peckgreen
kan · 1991 · cited in 4 Kansas opinions naming this issue, 1991–2015
2 sentences

2015See, e.g., Gleason v. Samaritan Home, 260 Kan. 970, 988 , 926 P.2d 1349 (1996) (“The first step in an equal protection analysis is determining which level of scrutiny to apply to a statute which distinguishes between classes of individuals.”); Bair v. Peck, 248 Kan. 824, 830 , 811 P.2d 1176 (1991).

2015See, e.g., Gleason v. Samaritan Home, 260 Kan. 970, 988 , 926 P.2d 1349 (1996) (“The first step in an equal protection analysis is determining which level of scrutiny to apply to a statute which distinguishes between classes of individuals.”); Bair v. Peck, 248 Kan. 824, 830 , 811 P.2d 1176 (1991).

14
Snowden v. Hughesgreen
scotus · 1944 · cited in 4 Kansas opinions naming this issue, 1966–2011
2 sentences

2011Snowden v. Hughes, 321 U.S. 1, 8 , 64 S. Ct. 397 , 88 L.

2011Snowden v. Hughes, 321 U.S. 1, 8 , 64 S. Ct. 397 , 88 L.

14
Batson v. Kentuckygreen
scotus · 1986 · cited in 4 Kansas opinions naming this issue, 1990–1993
2 sentences

1993Ed. 2d 69 , 106 S. Ct. 1712 (1986), the United States Supreme Court held: (1) The equal protection clause forbids a prosecutor to peremptorily challenge potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable to impartially consider the prosecution’s case against a black defendant; (2) a criminal defendant may establish a prima facie case of purposeful racial discrimination in the selection of the jury based solely on evidence concerning the prosecutor’s exercise of per *299 emptory challenges at the defendant’s trial, without showing r

1993Ed. 2d 69 , 106 S. Ct. 1712 (1986), the United States Supreme Court held: (1) The equal protection clause forbids a prosecutor to peremptorily challenge potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable to impartially consider the prosecution’s case against a black defendant; (2) a criminal defendant may establish a prima facie case of purposeful racial discrimination in the selection of the jury based solely on evidence concerning the prosecutor’s exercise of per *299 emptory challenges at the defendant’s trial, without showing r

14
Peden v. STATE, KANSAS DEPT. OF REVENUEgreen
kan · 1996 · cited in 3 Kansas opinions naming this issue, 1997–2022
2 sentences

2018In Peden v. Kansas Dept. of Revenue , 261 Kan. 239 , 253-54, 930 P.2d 1 (1996), cert. denied 520 U.S. 1229 , 117 S.Ct. 1821 , 137 L.Ed.2d 1029 (1997), our Supreme Court held that such an after-the-fact rationalization of the Legislature's action was permissible: " 'Under the reasonable basis test, it is unnecessary to ascertain the specific purpose the Kansas Legislature espoused, if any , in establishing the challenged [statute]....' "... [B]ecause a legislature is not required to articulate reasons for enacting a statute, 'it is entirely irrelevant for constitutional purposes whether the con

2018In Peden v. Kansas Dept. of Revenue , 261 Kan. 239 , 253-54, 930 P.2d 1 (1996), cert. denied 520 U.S. 1229 , 117 S.Ct. 1821 , 137 L.Ed.2d 1029 (1997), our Supreme Court held that such an after-the-fact rationalization of the Legislature's action was permissible: " 'Under the reasonable basis test, it is unnecessary to ascertain the specific purpose the Kansas Legislature espoused, if any , in establishing the challenged [statute]....' "... [B]ecause a legislature is not required to articulate reasons for enacting a statute, 'it is entirely irrelevant for constitutional purposes whether the con

13
Federal Communications Commission v. Beach Communications, Inc.green
scotus · 1993 · cited in 3 Kansas opinions naming this issue, 2004–2019
2 sentences

2019Both the Kansas and United States Supreme Courts have emphasized that "equal protection is not a license for courts to judge the wisdom, fairness, or logic of legislative choices." Downtown Bar & Grill, LLC v. State , 294 Kan. 188 , 199, 273 P.3d 709 (2012) (quoting F.C.C. v. Beach Communications, Inc. , 508 U.S. 307 , 313, 113 S.Ct. 2096 , 124 L.Ed.2d 211 [1993] ). *510 As noted, "[t]he guiding principle of equal protection analysis is that similarly situated individuals should be treated alike." See In re K.M.H. , 285 Kan. 53 , 73, 169 P.3d 1025 (2007).

2011See Beach Communications, Inc., 508 U.S. at 313 (A classification will survive a challenge based on equal protection “if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.”). *473 Remedy On a final note, we find it necessary to briefly discuss Crawford’s request that we dismiss the administrative license suspension proceedings against her as a remedy for the alleged equal protection violation.

13
Injured Workers of Kansas v. Franklingreen
kan · 1997 · cited in 3 Kansas opinions naming this issue, 1999–2018
2 sentences

2008The rational basis test, which is part of an equal protection analysis, examines whether the legislature treats two indistinguishable classes of individuals differently. 262 Kan. at 847 .

1999(Contributions made by employees to such retirement plans may not be included in the offset calculations.) We recently upheld an equal protection challenge to K.S.A. 1998 Supp. 44-501(h) in Injured Workers of Kansas v. Franklin, 262 Kan. 840, 870 , 942 P.2d 591 (1997).

13
Brown v. Wichita State Universitygreen
kan · 1976 · cited in 3 Kansas opinions naming this issue, 1981–2006
2 sentences

2006At the time of Brown , our Supreme Court could locate “no cases which hold governmental immunity invalid based on the equal protection clause of the Fourteenth Amendment.” 219 Kan. at 19 .

1983(See, Village of Belle Terre v. Boraas, 416 U.S. 1 , 39 L.Ed.2d 797 , 94 S.Ct. 1536 ; San Antonio School District v. Rodriguez, 411 U.S. 1 , 36 L.Ed.2d 16 , 93 S.Ct. 1278 , reh. denied, 411 U.S. 959 , 36 L.Ed.2d 418 , 93 S.Ct. 1919 ; and Jefferson v. Hackney, 406 U.S. 535 , 32 L.Ed.2d 285 , 92 S.Ct. 1724 , reh. denied, 409 U.S. 898 , 34 L.Ed.2d 156 , 93 S.Ct. 178 .) Nor does the equal protection clause require a state ‘to choose between attacking every aspect of a problem or not attacking the problem at all.’ (Dandridge v. Williams, 397 U.S. 471, 487 , 25 L.Ed.2d 491 , 90 S.Ct. 1153 , reh. den

13
Vacco v. Quillgreen
scotus · 1997 · cited in 2 Kansas opinions naming this issue, 2015–2024
12
In re the Appeal of Weisgerbergreen
kan · 2007 · cited in 2 Kansas opinions naming this issue, 2021–2022
12
United States v. Mesa-Rochegreen
ksd · 2003 · cited in 1 Kansas opinions naming this issue, 2026–2026
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (57)

CaseCitedYears
McGowan v. Maryland green
scotus · 1961
2 sentences

1996Rather, if any state of facts reasonably may be conceived to justify the alleged statutory discrimination, the statute will not be set aside as a violation of equal protection/ ” (Quoting McGowan, 366 U.S. at 426 .) (Emphasis added.) Thus, under the rational basis standard, the State asserts that all it is required to do to withstand an equal protection challenge is show “that a [valid] purpose may conceivably or ‘may reasonably have been the purpose and policy’ of the relevant governmental decisionmaker” in promulgating the tax classifications.

1984(McGowan v. Maryland, 366 U.S. 420 , 6 L.Ed.2d 393 , 81 S.Ct. 1101 .) The equal protection clause goes no further than to prohibit invidious discrimination.

71974–1996
Jefferson v. Hackney green
scotus · 1972
2 sentences

1985"In the areas of economic and social legislation, a statutory plan does not violate the equal protection clause merely because the classifications contained therein are imperfect. ( Village of Belle Terre v. Boraas, 416 U.S. 1 , 39 L.Ed.2d 797 , 94 S.Ct. 1536 , 42 L.W. 4475; Jefferson v. Hackney, 406 U.S. 535 , 32 L.Ed.2d 285 , 92 S.Ct. 1724 .) Nor does the equal protection clause require a state to `choose between attacking every aspect of a problem or not attacking the problem at all ...' ( Dandridge v. Williams, 397 U.S. 471, 487 , 25 L.Ed.2d 491, 503 , 90 S.Ct. 1153, 1162 .)" (pp. 612-15).

1985"In the areas of economic and social legislation, a statutory plan does not violate the equal protection clause merely because the classifications contained therein are imperfect. ( Village of Belle Terre v. Boraas, 416 U.S. 1 , 39 L.Ed.2d 797 , 94 S.Ct. 1536 , 42 L.W. 4475; Jefferson v. Hackney, 406 U.S. 535 , 32 L.Ed.2d 285 , 92 S.Ct. 1724 .) Nor does the equal protection clause require a state to `choose between attacking every aspect of a problem or not attacking the problem at all ...' ( Dandridge v. Williams, 397 U.S. 471, 487 , 25 L.Ed.2d 491, 503 , 90 S.Ct. 1153, 1162 .)" (pp. 612-15).

71974–1985
Village of Belle Terre v. Boraas green
· 1974
2 sentences

1985"In the areas of economic and social legislation, a statutory plan does not violate the equal protection clause merely because the classifications contained therein are imperfect. ( Village of Belle Terre v. Boraas, 416 U.S. 1 , 39 L.Ed.2d 797 , 94 S.Ct. 1536 , 42 L.W. 4475; Jefferson v. Hackney, 406 U.S. 535 , 32 L.Ed.2d 285 , 92 S.Ct. 1724 .) Nor does the equal protection clause require a state to `choose between attacking every aspect of a problem or not attacking the problem at all ...' ( Dandridge v. Williams, 397 U.S. 471, 487 , 25 L.Ed.2d 491, 503 , 90 S.Ct. 1153, 1162 .)" (pp. 612-15).

1985"In the areas of economic and social legislation, a statutory plan does not violate the equal protection clause merely because the classifications contained therein are imperfect. ( Village of Belle Terre v. Boraas, 416 U.S. 1 , 39 L.Ed.2d 797 , 94 S.Ct. 1536 , 42 L.W. 4475; Jefferson v. Hackney, 406 U.S. 535 , 32 L.Ed.2d 285 , 92 S.Ct. 1724 .) Nor does the equal protection clause require a state to `choose between attacking every aspect of a problem or not attacking the problem at all ...' ( Dandridge v. Williams, 397 U.S. 471, 487 , 25 L.Ed.2d 491, 503 , 90 S.Ct. 1153, 1162 .)" (pp. 612-15).

71974–1985
Dandridge v. Williams green
scotus · 1970
2 sentences

1985"In the areas of economic and social legislation, a statutory plan does not violate the equal protection clause merely because the classifications contained therein are imperfect. ( Village of Belle Terre v. Boraas, 416 U.S. 1 , 39 L.Ed.2d 797 , 94 S.Ct. 1536 , 42 L.W. 4475; Jefferson v. Hackney, 406 U.S. 535 , 32 L.Ed.2d 285 , 92 S.Ct. 1724 .) Nor does the equal protection clause require a state to `choose between attacking every aspect of a problem or not attacking the problem at all ...' ( Dandridge v. Williams, 397 U.S. 471, 487 , 25 L.Ed.2d 491, 503 , 90 S.Ct. 1153, 1162 .)" (pp. 612-15).

1985"In the areas of economic and social legislation, a statutory plan does not violate the equal protection clause merely because the classifications contained therein are imperfect. ( Village of Belle Terre v. Boraas, 416 U.S. 1 , 39 L.Ed.2d 797 , 94 S.Ct. 1536 , 42 L.W. 4475; Jefferson v. Hackney, 406 U.S. 535 , 32 L.Ed.2d 285 , 92 S.Ct. 1724 .) Nor does the equal protection clause require a state to `choose between attacking every aspect of a problem or not attacking the problem at all ...' ( Dandridge v. Williams, 397 U.S. 471, 487 , 25 L.Ed.2d 491, 503 , 90 S.Ct. 1153, 1162 .)" (pp. 612-15).

71974–1985
Farley v. Engelken green
kan · 1987
2 sentences

2005Section 1 applies in cases such as this one when an equal protection challenge involves individual rights. 241 Kan. at 667 .

1990They cite Farley v. Engelken, 241 Kan. 663 , 740 P.2d 1058 (1987) as support, claiming that a heightened level of scrutiny was improperly created and then applied *355 in an equal protection challenge to a statute which abolished the collateral source rule in medical malpractice cases.

61990–2022
Reed v. Reed green
scotus · 1971
2 sentences

1983This court in State v. Boone, 218 Kan. at 489 , stated the relevant principles: “Principles respecting the equal protection clause were outlined in Reed v. Reed, 404 U.S. 71 , 30 L.ed 2d 225, 92 S.Ct. 251 , in this fashion: “ . . [T]hisCourt has consistently recognized that the Fourteenth Amendment does not deny to States the power to treat different classes of persons in different ways. [Citations.] The Equal Protection Clause of that amendment does, however, deny to States the power to legislate that different treatment be accorded to persons placed by a statute into different classes on the

1983This court in State v. Boone, 218 Kan. at 489 , stated the relevant principles: “Principles respecting the equal protection clause were outlined in Reed v. Reed, 404 U.S. 71 , 30 L.ed 2d 225, 92 S.Ct. 251 , in this fashion: “ . . [T]hisCourt has consistently recognized that the Fourteenth Amendment does not deny to States the power to treat different classes of persons in different ways. [Citations.] The Equal Protection Clause of that amendment does, however, deny to States the power to legislate that different treatment be accorded to persons placed by a statute into different classes on the

61974–1984
Heller v. Doe Ex Rel. Doe green
scotus · 1993
2 sentences

2024Only if there is differing treatment of similarly situated individuals is the Equal Protection Clause implicated." Salas, 289 Kan. at 248 . "[T]he United States Supreme Court has held that an individual complaining of an equal protection violation has the burden to demonstrate that he or she is 'similarly situated' to other individuals who are being treated differently." Salas, 289 Kan. at 249 (citing Heller v. Doe, 509 U.S. 312, 319-21 , 113 S. Ct. 2637 , 125 L.

2024Only if there is differing treatment of similarly situated individuals is the Equal Protection Clause implicated." Salas, 289 Kan. at 248 . "[T]he United States Supreme Court has held that an individual complaining of an equal protection violation has the burden to demonstrate that he or she is 'similarly situated' to other individuals who are being treated differently." Salas, 289 Kan. at 249 (citing Heller v. Doe, 509 U.S. 312, 319-21 , 113 S. Ct. 2637 , 125 L.

52013–2024
Miami County Board of Commissioners v. Kanza Rail-Trails Conservancy, Inc. green
kan · 2011
2 sentences

2019A statute must clearly violate the constitution before it may be struck down." In Board of Miami County Comm'rs v. Kanza Rail-Trails Conservancy, Inc ., 292 Kan. 285 , 315, 255 P.3d 1186 (2011), our Supreme Court reemphasized that "[w]hen the constitutionality of a statute is challenged on the basis of an equal protection violation, courts must construe the statute as constitutional if there is any reasonable way to do so." The "burden is on the party attacking the statute to prove otherwise." Barrett v. U.S.D ., No. 259 , 272 Kan. 250 , Syl. ¶ 2, 32 P.3d 1156 (2001); see Miller , 295 Kan. 636

2019A statute must clearly violate the constitution before it may be struck down." In Board of Miami County Comm'rs v. Kanza Rail-Trails Conservancy, Inc ., 292 Kan. 285 , 315, 255 P.3d 1186 (2011), our Supreme Court reemphasized that "[w]hen the constitutionality of a statute is challenged on the basis of an equal protection violation, courts must construe the statute as constitutional if there is any reasonable way to do so." The "burden is on the party attacking the statute to prove otherwise." Barrett v. U.S.D ., No. 259 , 272 Kan. 250 , Syl. ¶ 2, 32 P.3d 1156 (2001); see Miller , 295 Kan. 636

52012–2019
West Coast Hotel Co. v. Parrish green
scotus · 1937
2 sentences

1989“In social and economic legislation, a statutory classification does not violate the equal protection clause merely because its classifications are imperfect. [Citations omitted.] Nor does the equal protection clause require a state ‘to choose between attacking every aspect of a problem or not attacking the problem at all.’ [Citations omitted.] The foregoing principle was well stated in West Coast Hotel Co. v. Parrish, 300 U.S. 379 , 81 L.

1989“In social and economic legislation, a statutory classification does not violate the equal protection clause merely because its classifications are imperfect. [Citations omitted.] Nor does the equal protection clause require a state ‘to choose between attacking every aspect of a problem or not attacking the problem at all.’ [Citations omitted.] The foregoing principle was well stated in West Coast Hotel Co. v. Parrish, 300 U.S. 379 , 81 L.

51974–1989
State v. Denney green
kan · 2004
2 sentences

2015The Denney decision cited no authority for its “threshold” examination of the elements of the crimes as a prerequisite to the traditional equal protection analysis. 278 Kan. at 653-54 .

2015The Denney decision cited no authority for its "threshold" examination of the elements of the crimes as a prerequisite to the traditional equal protection analysis. 278 Kan. at 653-54 .

42011–2025
San Antonio Independent School District v. Rodriguez green
scotus · 1973
2 sentences

2019In San Antonio School District v. Rodriguez , 411 U.S. 1 , 17, 93 S.Ct. 1278 , 36 L.Ed.2d 16 (1973), the Court outlined the appropriate approach to an equal protection challenge: "We must decide, first, whether the Texas system of financing public education operates to the disadvantage of some suspect class or impinges upon a fundamental right explicitly or implicitly protected by the Constitution, thereby requiring strict judicial scrutiny. ...

2019In San Antonio School District v. Rodriguez , 411 U.S. 1 , 17, 93 S.Ct. 1278 , 36 L.Ed.2d 16 (1973), the Court outlined the appropriate approach to an equal protection challenge: "We must decide, first, whether the Texas system of financing public education operates to the disadvantage of some suspect class or impinges upon a fundamental right explicitly or implicitly protected by the Constitution, thereby requiring strict judicial scrutiny. ...

41976–2019
Leiker Ex Rel. Leiker v. Gafford green
kan · 1989
2 sentences

1996Leiker v. Gafford, 245 Kan. 325, 362 , 778 P.2d 823 (1989); Bair v. Peck, 248 Kan. at 830 .

1996Leiker v. Gafford, 245 Kan. 325, 362 , 778 P.2d 823 (1989); Bair v. Peck, 248 Kan. at 830 .

41994–1996
Williamson v. Lee Optical of Oklahoma, Inc. green
scotus · 1955
2 sentences

1981In the opinion our court said: "Traditionally, the test utilized in determining if a legislative enactment violates equal protection principles is whether the classification bears a rational relation to the purpose of the legislation. ( Henry v. Bauder, [ 213 Kan. 751 , 518 P.2d 362 ]; Pinkerton v. Schwiethale, [ 208 Kan. 596 , 493 P.2d 200 ]; State v. Consumers Warehouse Market, 183 Kan. 502 , 329 P.2d 638 ; McDonald v. Board of Election, 394 U.S. 802 , 22 L.Ed.2d 739 , 89 S.Ct. 1404 .) The Legislature is presumed to act within its constitutional power despite the fact the application of its

1981In the opinion our court said: "Traditionally, the test utilized in determining if a legislative enactment violates equal protection principles is whether the classification bears a rational relation to the purpose of the legislation. ( Henry v. Bauder, [ 213 Kan. 751 , 518 P.2d 362 ]; Pinkerton v. Schwiethale, [ 208 Kan. 596 , 493 P.2d 200 ]; State v. Consumers Warehouse Market, 183 Kan. 502 , 329 P.2d 638 ; McDonald v. Board of Election, 394 U.S. 802 , 22 L.Ed.2d 739 , 89 S.Ct. 1404 .) The Legislature is presumed to act within its constitutional power despite the fact the application of its

41974–1984
State v. Salas green
kan · 2009
2 sentences

2024Only if there is differing treatment of similarly situated individuals is the Equal Protection Clause implicated." Salas, 289 Kan. at 248 . "[T]he United States Supreme Court has held that an individual complaining of an equal protection violation has the burden to demonstrate that he or she is 'similarly situated' to other individuals who are being treated differently." Salas, 289 Kan. at 249 (citing Heller v. Doe, 509 U.S. 312, 319-21 , 113 S. Ct. 2637 , 125 L.

2024Only if there is differing treatment of similarly situated individuals is the Equal Protection Clause implicated." Salas, 289 Kan. at 248 . "[T]he United States Supreme Court has held that an individual complaining of an equal protection violation has the burden to demonstrate that he or she is 'similarly situated' to other individuals who are being treated differently." Salas, 289 Kan. at 249 (citing Heller v. Doe, 509 U.S. 312, 319-21 , 113 S. Ct. 2637 , 125 L.

32021–2024
In re K.M.H. green
kan · 2007
2 sentences

2015"The guiding principle of an equal protection analysis is that similarly situated individuals should be treated alike." In re K.M.H., 285 Kan. 53, 73 , 169 P.3d 1025 (2007), cert. denied 555 U.S. 937 (2008).

2015“The guiding principle of an equal protection analysis is that similarly situated individuals should be treated alike.” In re K.M.H., 285 Kan. 53, 73 , 169 P.3d 1025 (2007), cert. denied 555 U.S. 937 (2008).

32015–2019
In Re KMH green
kan · 2007
2 sentences

2015"The guiding principle of an equal protection analysis is that similarly situated individuals should be treated alike." In re K.M.H., 285 Kan. 53, 73 , 169 P.3d 1025 (2007), cert. denied 555 U.S. 937 (2008).

2015“The guiding principle of an equal protection analysis is that similarly situated individuals should be treated alike.” In re K.M.H., 285 Kan. 53, 73 , 169 P.3d 1025 (2007), cert. denied 555 U.S. 937 (2008).

32015–2019
Associated Railway Equipment Owners v. Wilson green
kan · 1949
2 sentences

1975Equipment Owners v. Wilson, 167 Kan. 608 , 208 P. 2d 604 , we stated that the equal protection clause of the federal constitution and state constitutional provisions pertaining to equality and uniformity of taxation are substantially similar and that, in general, what violates one will contravene the other and vice versa.

1975Equipment Owners v. Wilson, 167 Kan. 608 , 208 P. 2d 604 , we stated that the equal protection clause of the federal constitution and state constitutional provisions pertaining to equality and uniformity of taxation are substantially similar and that, in general, what violates one will contravene the other and vice versa.

31972–2016
Chiles v. State green
kan · 1994
2 sentences

1997Under the rational basis test adopted by this court in Chiles v. State, 254 Kan. 888 , 869 P.2d 707 , cert. denied 513 U.S. 850 (1994), in reviewing an equal protection challenge to the KSGA, the classification must bear a rational relationship, to the legislative objective.

1997Under the rational basis test adopted by this court in Chiles v. State, 254 Kan. 888 , 869 P.2d 707 , cert. denied 513 U.S. 850 (1994), in reviewing an equal protection challenge to the KSGA, the classification must bear a rational relationship, to the legislative objective.

31997–2005
San Antonio Independent School District v. Rodriguez green
scotus · 1973
31976–1994
Ferguson v. Skrupa green
scotus · 1963
31976–1993
Tri-State Hotel Co. v. Londerholm green
kan · 1965
31966–1980
State v. Payne green
kan · 1958
31965–1980
In re A.B. green
kan · 2021
22022–2022
State v. Kelsey green
kanctapp · 2015
22020–2021
State v. LaPointe green
kan · 2019
22020–2021
Barrett Ex Rel. Barrett v. Unified School District No. 259 green
kan · 2001
22002–2019
Topeka Cemetery Ass'n v. Schnellbacher green
kan · 1975
22008–2016
State Ex Rel. Tomasic v. KANSAS CITY, KAN. PORT AUTH. neutral
kan · 1981
21998–2016
In Re Tax Appeal of City of Wichita green
kan · 2002
22007–2011
In Re Interest of Phoenix L. green
neb · 2006
22008–2008
Akins Ex Rel. Akins v. Hamblin green
kan · 1985
21992–2006
Roe v. Diefendorf green
kan · 1984
21993–2002
Manhattan Buildings, Inc. v. Hurley green
kan · 1982
21988–1998
Korematsu v. United States red
scotus · 1945
21994–1994
Loving v. Virginia green
scotus · 1967
21994–1994
Reynolds v. Sims green
scotus · 1964
21966–1994
Guardian Title Co. v. Bell green
kan · 1991
21993–1994
Graham v. Richardson green
scotus · 1971
21994–1994
City of Cleburne v. Cleburne Living Center, Inc. green
scotus · 1985
21994–1994
Railway Express Agency, Inc. v. New York green
scotus · 1949
21974–1993

Statutes the citing opinions construe

USC § 42u.s.c.1983 (14) KS § K.S.A. § 60-1507 (12) KS § K.S.A. § 20-3018 (11) KS § K.S.A. § 21-3502 (11) KS § K.S.A. § 21-2512 (9) KS § K.S.A. § 22-3717 (8) KS § K.S.A. § 40-3401 (8) KS § K.S.A. § 40-3403 (8) KS § K.S.A. § 21-3401 (7) KS § K.S.A. § 60-513 (7) KS § K.S.A. § 21-3506 (6) KS § K.S.A. § 21-4704 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 1841 (1923–2026) IL 902 (1918–2026) NY 604 (1932–2026) TX 570 (1911–2026) WA 549 (1919–2025) PA 509 (1938–2026) CT 345 (1938–2025) OH 340 (1920–2026) LA 297 (1915–2025) NJ 293 (1907–2026) CO 279 (1932–2026) MI 276 (1912–2026) WI 265 (1929–2026) FL 244 (1927–2025) IA 240 (1930–2025) MO 235 (1924–2025) MA 225 (1927–2026) MN 223 (1916–2026) AL 220 (1901–2025) GA 193 (1935–2026) NC 172 (1911–2026) MD 167 (1934–2024) AZ 165 (1948–2026) AR 164 (1917–2024) KS 162 (1933–2026) IN 158 (1909–2024) OK 150 (1944–2024) TN 135 (1919–2025) MT 126 (1925–2026) AK 125 (1970–2025) ID 115 (1953–2025) NM 114 (1937–2025) MS 110 (1930–2025) KY 104 (1931–2025) VA 99 (1921–2024) SC 98 (1918–2025) OR 95 (1947–2025) NH 94 (1962–2024) RI 90 (1916–2020) WV 89 (1929–2025) NE 85 (1936–2022) ME 85 (1935–2023) NV 83 (1955–2021) WY 65 (1972–2025) UT 64 (1921–2026) ND 61 (1935–2018) DC 57 (1970–2024) HI 56 (1928–2024) SD 49 (1937–2026) VT 48 (1928–2024) DE 45 (1937–2026) VI 16 (1964–2026) PR 5 (1932–1989) MP 3 (1985–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check