20 West Virginia opinions name it 2 courts 1977–2025 5 in the last five years
The cases below were cited by West Virginia 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.
| Case | Followed | Cited |
|---|---|---|
City of Cleburne v. Cleburne Living Center, Inc.green2 sentences2022Petitioner does not explicitly state which constitutional provision or provisions West Virginia Code § 15-12-2(e)(1) violates, although petitioner does assert, “Under the Fourteenth Amendment to the United States Constitution and Section 10, Article III, of the West Virginia Constitution this Court has applied the ‘rational basis’ test when analyzing statutes under due process challenges.” Petitioner further asserts that “under the rational basis test, a law will be upheld so long as it is rationally related to a legitimate state interest.” In support of this position, he cites to the followin 2022Petitioner does not explicitly state which constitutional provision or provisions West Virginia Code § 15-12-2(e)(1) violates, although petitioner does assert, “Under the Fourteenth Amendment to the United States Constitution and Section 10, Article III, of the West Virginia Constitution this Court has applied the ‘rational basis’ test when analyzing statutes under due process challenges.” Petitioner further asserts that “under the rational basis test, a law will be upheld so long as it is rationally related to a legitimate state interest.” In support of this position, he cites to the followin | 2 | 4 |
Payne v. Huntington Union Free School Districtgreen2 sentences2025Dist., 219 F. Supp.2d 273, 284 (E.D.N.Y. 2002). 2022Dist., 219 F. Supp.2d 273, 284 (E.D.N.Y. 2004). | 2 | 2 |
Western & Southern Life Ins. Co. v. State Bd. of Equalization of Cal.green2 sentences2025Co. v. State Bd. of Equalization, 451 U.S. 648, 674 (1981)). 2022Co. v. State Bd. of Equalization, 451 U.S. 648, 674 (1981) (quoting United States v. Carolene Prods. | 2 | 2 |
Massachusetts Board of Retirement v. Murgiagreen2 sentences1992In Gibson v. West Virginia Department of Highways, 185 W.Va. at 220, 406 S.E.2d at 446 , we recognized that under the rational basis test, the classification process is peculiarly a legislative function: “The Supreme Court expressed this point in Schweiker v. Wilson, 450 U.S. 221, 234 , 101 S.Ct. 1074, 1083 , 67 L.Ed.2d 186, 198 (1981), quoting Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 314 , 96 S.Ct. 2562, 2567 , 49 L.Ed.2d 520, 525 (1976): *603 ‘ “This inquiry employs a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinct 1992In Gibson v. West Virginia Department of Highways, 185 W.Va. at 220, 406 S.E.2d at 446 , we recognized that under the rational basis test, the classification process is peculiarly a legislative function: “The Supreme Court expressed this point in Schweiker v. Wilson, 450 U.S. 221, 234 , 101 S.Ct. 1074, 1083 , 67 L.Ed.2d 186, 198 (1981), quoting Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 314 , 96 S.Ct. 2562, 2567 , 49 L.Ed.2d 520, 525 (1976): *603 ‘ “This inquiry employs a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinct | 2 | 2 |
Schweiker v. Wilsongreen2 sentences1992In Gibson v. West Virginia Department of Highways, 185 W.Va. at 220, 406 S.E.2d at 446 , we recognized that under the rational basis test, the classification process is peculiarly a legislative function: “The Supreme Court expressed this point in Schweiker v. Wilson, 450 U.S. 221, 234 , 101 S.Ct. 1074, 1083 , 67 L.Ed.2d 186, 198 (1981), quoting Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 314 , 96 S.Ct. 2562, 2567 , 49 L.Ed.2d 520, 525 (1976): *603 ‘ “This inquiry employs a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinct 1992In Gibson v. West Virginia Department of Highways, 185 W.Va. at 220, 406 S.E.2d at 446 , we recognized that under the rational basis test, the classification process is peculiarly a legislative function: “The Supreme Court expressed this point in Schweiker v. Wilson, 450 U.S. 221, 234 , 101 S.Ct. 1074, 1083 , 67 L.Ed.2d 186, 198 (1981), quoting Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 314 , 96 S.Ct. 2562, 2567 , 49 L.Ed.2d 520, 525 (1976): *603 ‘ “This inquiry employs a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinct | 2 | 2 |
Teigen v. Renfrowgreen1 sentence2025In SSAC, the court declared that courts “must independently consider whether there is any conceivable rational basis for the classification, regardless of whether the reason ultimately relied on is provided by the parties or the court.” Id. at 334 n.6, 880 S.E.2d at 56 n.6 (citing Teigen v. Renfrow, 511 F.3d 1072, 1084 (10th Cir. 2007); and Starlight Sugar, Inc. v. Soto, 253 F.3d 137, 146 (1st Cir. 2001) (recognizing that even if the government's stated justification for enforcing a regulation is insufficient to uphold the rationality of the regulation, a court has the obligation to seek out o | 1 | 1 |
Starlight Sugar, Inc. v. Sotogreen1 sentence2025In SSAC, the court declared that courts “must independently consider whether there is any conceivable rational basis for the classification, regardless of whether the reason ultimately relied on is provided by the parties or the court.” Id. at 334 n.6, 880 S.E.2d at 56 n.6 (citing Teigen v. Renfrow, 511 F.3d 1072, 1084 (10th Cir. 2007); and Starlight Sugar, Inc. v. Soto, 253 F.3d 137, 146 (1st Cir. 2001) (recognizing that even if the government's stated justification for enforcing a regulation is insufficient to uphold the rationality of the regulation, a court has the obligation to seek out o | 1 | 1 |
Raley v. Wagnergreen1 sentence2025Ctr., 483 P.3d 365 , 377 (Idaho 2021) (under the rational basis test, a statute of limitations that created different time limits for subclassifications of minors to bring medical malpractice claims was rationally related to the governmental purpose to reduce the risk faced by insurance companies and the cost of medical malpractice insurance); Raley v. Wagner, 57 S.W.3d 683, 688 (Ark. 2001) (a shorter two-year statute of limitations that applied to minors with medical malpractice claims as opposed to minors with other tort claims subject to a general savings statute did not violate equal prote | 1 | 1 |
Smith v. Cobb County-Kennestone Hospital Authoritygreen1 sentence2025Auth., 423 S.E.2d 235, 239 (Ga. 1992) (a statute that treated medical malpractice claims of minors differently than other tort claims was constitutional under the rational basis test). 14 his burden of establishing that West Virginia Code § 55-7B-4(c) lacks a rational basis. | 1 | 1 |
Murray Energy v. Dale Steager, State Tax Comm'rgreen2 sentences2025Va. 629, 644 , 827 S.E.2d 417, 432 (2019) stating that “the Equal Protection Clause is satisfied so long as there is a plausible policy reason for the classification.” Finally, the language used in the SSAC case makes clear that the highly deferential standard adopted by the United States Supreme Court should be utilized when 4 a court in West Virginia applies the rational basis test. 2025In SSAC, the court declared that courts “must independently consider whether there is any conceivable rational basis for the classification, regardless of whether the reason ultimately relied on is provided by the parties or the court.” Id. at 334 n.6, 880 S.E.2d at 56 n.6 (citing Teigen v. Renfrow, 511 F.3d 1072, 1084 (10th Cir. 2007); and Starlight Sugar, Inc. v. Soto, 253 F.3d 137, 146 (1st Cir. 2001) (recognizing that even if the government's stated justification for enforcing a regulation is insufficient to uphold the rationality of the regulation, a court has the obligation to seek out o | 1 | 1 |
James E. Zombro v. Baltimore City Police Department Bishop L. Robinson, Commissioner, Baltimore City Police Departmentgreen1 sentence2022Servs., 682 F.3d 1, 9 (1st Cir. 2012) (“Equal protection claims tested by this rational basis standard . . . rarely succeed.”); Zombro v. Baltimore City Police Dep't, 868 F.2d 1364, 1376 (4th Cir. 1989) (Murnaghan, J., concurring in part and dissenting in part) (“Under rational basis scrutiny plaintiffs rarely prevail.”). | 1 | 1 |
Parker v. Arizona Interscholastic Ass'ngreen1 sentence2022Parker v. Arizona Interscholastic Ass’n, Inc., 59 P.3d 806, 812 (Ariz. Ct. App. 2002) (“Because Parker is not a member of a suspect class. . . the rational basis test is the appropriate test to determine whether the transfer rule violated Parker’s equal protection rights.”). section ten of the West Virginia Constitution, and the scope and application of this protection is coextensive or broader than that of the fourteenth amendment to the United States Constitution.”). | 1 | 1 |
Massachusetts v. United States Department of Health & Human Servicesgreen1 sentence2022Servs., 682 F.3d 1, 9 (1st Cir. 2012) (“Equal protection claims tested by this rational basis standard . . . rarely succeed.”); Zombro v. Baltimore City Police Dep't, 868 F.2d 1364, 1376 (4th Cir. 1989) (Murnaghan, J., concurring in part and dissenting in part) (“Under rational basis scrutiny plaintiffs rarely prevail.”). | 1 | 1 |
Lewis v. Canaan Valley Resorts, Inc.green2 sentences2022See id. (“[A]ll other legislative classifications, including those which involve economic rights, are subjected to the least level of scrutiny[.]”). 2022Under the rational basis test, “the legislative classification will be upheld if it is reasonably related to the achievement of a legitimate state purpose.” Id. | 1 | 1 |
Marcus v. Holleygreen2 sentences2009Marcus v. Holley, 217 W.Va. 508, 523-24, 618 S.E.2d 517, 532-33 (2005)(citing U.S. Const. Amend. 14; W. 2009Marcus v. Holley, 217 W.Va. 508, 523-24, 618 S.E.2d 517, 532-33 (2005)(citing U.S. Const. Amend. 14; W. | 1 | 1 |
| Lonnie J. Shelton v. The National Collegiate Athletic Association, an Associationgreen | 1 | 1 |
| In Re Paternity of NLMgreen | 1 | 1 |
| Geduldig v. Aiellored | 1 | 1 |
| Newport News Shipbuilding & Dry Dock Co. v. Equal Employment Opportunity Commissiongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gibson v. West Virginia Department of Highways
green
2 sentences2022Va. 596 , 425 S.E.2d 551 (1992); and Gibson v. West Virginia Department of Highways, 185 W. 1992In Gibson v. West Virginia Department of Highways, 185 W.Va. at 220, 406 S.E.2d at 446 , we recognized that under the rational basis test, the classification process is peculiarly a legislative function: “The Supreme Court expressed this point in Schweiker v. Wilson, 450 U.S. 221, 234 , 101 S.Ct. 1074, 1083 , 67 L.Ed.2d 186, 198 (1981), quoting Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 314 , 96 S.Ct. 2562, 2567 , 49 L.Ed.2d 520, 525 (1976): *603 ‘ “This inquiry employs a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinct | 3 | 1992–2022 |
Appalachian Power Co. v. State Tax Department
green
2 sentences2021However, under the rational basis test, “which applies to all classifications not affecting a fundamental right or some suspect or quasi-suspect criterion[,] . . . a governmental classification will be sustained so long as it ‘is rationally related to a legitimate state interest.’” Id. at 594 , 466 S.E.2d at 445 (quoting City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 440 , 105 S.Ct. 3249, 3254 , 87 L.Ed.2d 313, 320 (1985)). 2021However, under the rational basis test, “which applies to all classifications not affecting a fundamental right or some suspect or quasi-suspect criterion[,] . . . a governmental classification will be sustained so long as it ‘is rationally related to a legitimate state interest.’” Id. at 594 , 466 S.E.2d at 445 (quoting City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 440 , 105 S.Ct. 3249, 3254 , 87 L.Ed.2d 313, 320 (1985)). | 3 | 2000–2022 |
Atchinson v. Erwin
green
2 sentences1986In Syllabus Point 7 of Atchinson v. Erwin, 172 W.Va. 8 , 302 S.E.2d 78 (1983), we elaborated on the rational basis test by stating: “Where economic rights are concerned, we look to see whether the classification is a rational one based on social, economic, historic or geographic factors, whether it bears a reasonable relationship to a proper governmental purpose, and whether all persons within the class are treated equally. 1986In Syllabus Point 7 of Atchinson v. Erwin, 172 W.Va. 8 , 302 S.E.2d 78 (1983), we elaborated on the rational basis test by stating: “Where economic rights are concerned, we look to see whether the classification is a rational one based on social, economic, historic or geographic factors, whether it bears a reasonable relationship to a proper governmental purpose, and whether all persons within the class are treated equally. | 3 | 1986–1993 |
O'DELL v. Town of Gauley Bridge
green
2 sentences2025In that matter, the SCAWV determined that the equal protection standard applicable to this type of challenge was the rational basis test set out in Syllabus Point 2 of O'Dell v. Town of Gauley Bridge, 188 W. 2022Petitioner does not explicitly state which constitutional provision or provisions West Virginia Code § 15-12-2(e)(1) violates, although petitioner does assert, “Under the Fourteenth Amendment to the United States Constitution and Section 10, Article III, of the West Virginia Constitution this Court has applied the ‘rational basis’ test when analyzing statutes under due process challenges.” Petitioner further asserts that “under the rational basis test, a law will be upheld so long as it is rationally related to a legitimate state interest.” In support of this position, he cites to the followin | 2 | 2022–2025 |
Hartsock-Flesher Candy Co. v. Wheeling Wholesale Grocery Co.
green
2 sentences1993Where such classification is rational and bears the requisite reasonable relationship, the statute does not violate Section 10 of Article III of the West Virginia Constitution which is our equal protection clause.’ Syllabus Point 7, [as modified,] Atchinson v. Erwin, [172] W.Va. [8], 302 S.E.2d 78 (1983).” Syllabus Point 4, as modified, Hartsock-Flesher Candy Co. v. Wheeling Wholesale Grocery Co., [ 174 W.Va. 538 ], 328 S.E.2d 144 (1984).’ Syllabus Point 4, Gibson v. West Virginia Department of Highways, 185 W.Va. 214 , 406 S.E.2d 440 (1991).” 8 The defendant argues that there is a rational ba 1993Where such classification is rational and bears the requisite reasonable relationship, the statute does not violate Section 10 of Article III of the West Virginia Constitution which is our equal protection clause.’ Syllabus Point 7, [as modified,] Atchinson v. Erwin, [172] W.Va. [8], 302 S.E.2d 78 (1983).” Syllabus Point 4, as modified, Hartsock-Flesher Candy Co. v. Wheeling Wholesale Grocery Co., [ 174 W.Va. 538 ], 328 S.E.2d 144 (1984).’ Syllabus Point 4, Gibson v. West Virginia Department of Highways, 185 W.Va. 214 , 406 S.E.2d 440 (1991).” 8 The defendant argues that there is a rational ba | 2 | 1986–1993 |
State Ex Rel. Brewer v. Wilson
green
2 sentences1977This Court recognized in Brewer v. Wilson, 151 W.Va. 113 , 150 S.E.2d 592 (1966), that the right to become a candidate for election to public office is a valuable and fundamental right. 1977This Court recognized in Brewer v. Wilson, 151 W.Va. 113 , 150 S.E.2d 592 (1966), that the right to become a candidate for election to public office is a valuable and fundamental right. | 2 | 1977–1977 |
State Ex Rel. Longanacre v. Crabtree
green
1 sentence2025Longanacre v. Crabtree, 177 W. | 1 | 2025–2025 |
Carson v. Maurer
red
2 sentences2025It is my firm belief, under the current rational basis test as established by the SCAWV, the decision in Whitlow might have gone the other way.4 4 Interestingly, one of the cases cited in Whitlow, the New Hampshire case of Carson v. Maurer, 424 A.2d 825 (N.H. 1980) (per curiam), did not utilize the rational basis test to strike down the statute in question. 2025Instead, it applied a “more rigorous judicial scrutiny than allowed under the rational basis test.” Id. at 830 . | 1 | 2025–2025 |
O'NEIL v. City of Parkersburg
green
1 sentence2025Va. 694 , 237 S.E.2d 504 (1977), set forth a rational basis test1 with a heightened level of scrutiny that is not consistent with the traditional rational basis test that federal courts and many, if not most, state courts have typically utilized when analyzing alleged Equal Protection violations. | 1 | 2025–2025 |
Whitlow v. Bd. of Educ. of Kanawha Cty.
green
2 sentences2025I am writing a concurrence in order to further develop why Whitlow v. Board of Education of Kanawha County, 190 W. 2025Va. at 231 , 438 S.E.2d at 23 , does not comport with the deference our state Supreme Court has more recently stated the rational basis test demands. | 1 | 2025–2025 |
Federal Communications Commission v. Beach Communications, Inc.
green
2 sentences2022Petitioner does not explicitly state which constitutional provision or provisions West Virginia Code § 15-12-2(e)(1) violates, although petitioner does assert, “Under the Fourteenth Amendment to the United States Constitution and Section 10, Article III, of the West Virginia Constitution this Court has applied the ‘rational basis’ test when analyzing statutes under due process challenges.” Petitioner further asserts that “under the rational basis test, a law will be upheld so long as it is rationally related to a legitimate state interest.” In support of this position, he cites to the followin 2022Petitioner does not explicitly state which constitutional provision or provisions West Virginia Code § 15-12-2(e)(1) violates, although petitioner does assert, “Under the Fourteenth Amendment to the United States Constitution and Section 10, Article III, of the West Virginia Constitution this Court has applied the ‘rational basis’ test when analyzing statutes under due process challenges.” Petitioner further asserts that “under the rational basis test, a law will be upheld so long as it is rationally related to a legitimate state interest.” In support of this position, he cites to the followin | 1 | 2022–2022 |
State v. Judge
neutral
1 sentence2022Until such a change occurs, it will be necessary for the state police to amend their procedural rule[.]” 228 W. | 1 | 2022–2022 |
Holt Civic Club v. City of Tuscaloosa
green
2 sentences2014Id., 439 U.S. at 70 . 2014Id., 439 U.S. at 70 . | 1 | 2014–2014 |
Gregory v. Ashcroft
green
2 sentences2005Gregory v. Ashcroft, 501 U.S. 452, 471 , 111 S.Ct. 2395 , 115 L.Ed.2d 410 (1991) (quoting Vance v. Bradley, 440 U.S. 93, 97 , 99 S.Ct. 939 , 59 L.Ed.2d 171 (1979)). 2005Gregory v. Ashcroft, 501 U.S. 452, 471 , 111 S.Ct. 2395 , 115 L.Ed.2d 410 (1991) (quoting Vance v. Bradley, 440 U.S. 93, 97 , 99 S.Ct. 939 , 59 L.Ed.2d 171 (1979)). | 1 | 2005–2005 |
| Vance v. Bradley green | 1 | 2005–2005 |
Clark v. Jeter
green
2 sentences2005In like fashion, the United States Supreme Court has explained that the rational basis test requires that the “classification must be rationally related to a legitimate governmental purpose.” Clark v. Jeter, 486 U.S. 456, 461 , 108 S.Ct. 1910 , 100 L.Ed.2d 465 (1988). 2005In like fashion, the United States Supreme Court has explained that the rational basis test requires that the “classification must be rationally related to a legitimate governmental purpose.” Clark v. Jeter, 486 U.S. 456, 461 , 108 S.Ct. 1910 , 100 L.Ed.2d 465 (1988). | 1 | 2005–2005 |
| Jane L. v. Bangerter green | 1 | 2002–2002 |
| Evelyn Elisabeth Kirkhuff v. Robert P. Nimmo, Administrator, Veterans Affairs green | 1 | 2002–2002 |
| Heath v. Westerville Board of Education green | 1 | 2002–2002 |
| Stephens v. RALEIGH COUNTY BD. OF ED. neutral | 1 | 1997–1997 |
| Bernthal v. City of St. Paul green | 1 | 1992–1992 |
| Leech v. Georgia-Pacific Corporation green | 1 | 1992–1992 |
| State Ex Rel. Heck's, Inc. v. Gates green | 1 | 1988–1988 |
| Thomas v. United States green | 1 | 1985–1985 |
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.
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.