rational basis test in Oregon

2025In a case focused on a different issue, the Court offhandedly rejected (in dictum) the claim that it would be unconstitutional to tax a railroad differently from a motor carrier: “It would be permissible—as far as the Equal Protection Clause is con- cerned—for a State to tax a rail carrier more than a motor carrier, despite the seeming similarity in their lines of business.” Alabama Dept. of Revenue v. CSX Transp., 575 US 21 , 28, 135 S Ct 1136 , 191 L Ed 2d 113 (2015).

2025In a case focused on a different issue, the Court offhandedly rejected (in dictum) the claim that it would be unconstitutional to tax a railroad differently from a motor carrier: “It would be permissible—as far as the Equal Protection Clause is con- cerned—for a State to tax a rail carrier more than a motor carrier, despite the seeming similarity in their lines of business.” Alabama Dept. of Revenue v. CSX Transp., 575 US 21 , 28, 135 S Ct 1136 , 191 L Ed 2d 113 (2015).

2023Under a rational basis standard, “laws are pre- sumed to be valid,” Qwest Corp. v. Public Utility Commission, 205 Or App 370, 385 , 135 P3d 321 (2006), and “will satisfy Article I, section 20, as long as the classification bears some rational relationship to a legitimate end,” Gunn v. Lane County, 173 Or App 97, 104 , 20 P3d 247 (2001) (internal quotation marks, omission, and brackets omitted).

2023Under a rational basis standard, “laws are pre- sumed to be valid,” Qwest Corp. v. Public Utility Commission, 205 Or App 370, 385 , 135 P3d 321 (2006), and “will satisfy Article I, section 20, as long as the classification bears some rational relationship to a legitimate end,” Gunn v. Lane County, 173 Or App 97, 104 , 20 P3d 247 (2001) (internal quotation marks, omission, and brackets omitted).

2016In State ex rel Huddleston v. Sawyer, 324 Or 597 , 932 P2d 1145 , cert den, 522 US 994 (1997), in rejecting a federal equal protection challenge to ORS 137.700, the Supreme Court emphasized that, even if a statute is ostensibly underinclusive because it does not include all violent felonies, the United States Supreme Court “ordinarily does not strike down criminal laws on that ground under the rational-basis test used for Equal Protection analysis.” Id. at 629 (citing Romer, 517 US at 631 , and Jones v. Helms, 452 US 412, 426 , 101 S Ct 2434 , 69 L Ed 2d 118 (1981)).

2016In State ex rel Huddleston v. Sawyer, 324 Or 597 , 932 P2d 1145 , cert den, 522 US 994 (1997), in rejecting a federal equal protection challenge to ORS 137.700, the Supreme Court emphasized that, even if a statute is ostensibly underinclusive because it does not include all violent felonies, the United States Supreme Court “ordinarily does not strike down criminal laws on that ground under the rational-basis test used for Equal Protection analysis.” Id. at 629 (citing Romer, 517 US at 631 , and Jones v. Helms, 452 US 412, 426 , 101 S Ct 2434 , 69 L Ed 2d 118 (1981)).

2001Crocker, 157 Or.App. at 660 , 971 P.2d 469 . [6] As discussed in Crocker , courts are also authorized to order parents who never married each other and parents who are married but living apart to support their children while they attend school.

2001Crocker, 157 Or App at 660 .

2023It thus falls to the court to infer the criteria from the list, a task for which the court has sought the parties’ help. (11/8/2021, Ct Ltr at 3-5.) /// /// See, e.g., Metropolis Theatre Co. v. Chicago, 228 US 61, 69-70 , 33 S Ct 441 , 57 L Ed 730 (1913) 44 (upholding city tax on theaters of $1,000 per year if price charged for any one ticket during the year exceeded $1). 45 Mathews involved immigration law, an area that, like taxation, requires the most deferential application of the rational basis test. 426 US at 81-82 (“The reasons that preclude judicial review of political questions also d

2023It thus falls to the court to infer the criteria from the list, a task for which the court has sought the parties’ help. (11/8/2021, Ct Ltr at 3-5.) /// /// See, e.g., Metropolis Theatre Co. v. Chicago, 228 US 61, 69-70 , 33 S Ct 441 , 57 L Ed 730 (1913) 44 (upholding city tax on theaters of $1,000 per year if price charged for any one ticket during the year exceeded $1). 45 Mathews involved immigration law, an area that, like taxation, requires the most deferential application of the rational basis test. 426 US at 81-82 (“The reasons that preclude judicial review of political questions also d

2023The question of value must be one of degree; a different conclusion would ignore the “rational” part of the rational basis test. 42 See, e.g., FCC v. Beach Communications, Inc., 508 US 307, 315 , 113 S Ct 2096 , 124 L Ed 2d 211 (1993) (“[A] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data.”) (emphasis added); Vance v. Bradley, 440 US 93, 111 , 99 S Ct 939 , 59 L Ed 2d 171 (1979) (“[T]hose challenging the legislative judgment must convince the court that the legislative facts on which the classification

2023The question of value must be one of degree; a different conclusion would ignore the “rational” part of the rational basis test. 42 See, e.g., FCC v. Beach Communications, Inc., 508 US 307, 315 , 113 S Ct 2096 , 124 L Ed 2d 211 (1993) (“[A] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data.”) (emphasis added); Vance v. Bradley, 440 US 93, 111 , 99 S Ct 939 , 59 L Ed 2d 171 (1979) (“[T]hose challenging the legislative judgment must convince the court that the legislative facts on which the classification

2016In State ex rel Huddleston v. Sawyer, 324 Or 597 , 932 P2d 1145 , cert den, 522 US 994 (1997), in rejecting a federal equal protection challenge to ORS 137.700, the Supreme Court emphasized that, even if a statute is ostensibly underinclusive because it does not include all violent felonies, the United States Supreme Court “ordinarily does not strike down criminal laws on that ground under the rational-basis test used for Equal Protection analysis.” Id. at 629 (citing Romer, 517 US at 631 , and Jones v. Helms, 452 US 412, 426 , 101 S Ct 2434 , 69 L Ed 2d 118 (1981)).

2016In State ex rel Huddleston v. Sawyer, 324 Or 597 , 932 P2d 1145 , cert den, 522 US 994 (1997), in rejecting a federal equal protection challenge to ORS 137.700, the Supreme Court emphasized that, even if a statute is ostensibly underinclusive because it does not include all violent felonies, the United States Supreme Court “ordinarily does not strike down criminal laws on that ground under the rational-basis test used for Equal Protection analysis.” Id. at 629 (citing Romer, 517 US at 631 , and Jones v. Helms, 452 US 412, 426 , 101 S Ct 2434 , 69 L Ed 2d 118 (1981)).

2016In State ex rel Huddleston v. Sawyer, 324 Or 597 , 932 P2d 1145 , cert den, 522 US 994 (1997), in rejecting a federal equal protection challenge to ORS 137.700, the Supreme Court emphasized that, even if a statute is ostensibly underinclusive because it does not include all violent felonies, the United States Supreme Court “ordinarily does not strike down criminal laws on that ground under the rational-basis test used for Equal Protection analysis.” Id. at 629 (citing Romer, 517 US at 631 , and Jones v. Helms, 452 US 412, 426 , 101 S Ct 2434 , 69 L Ed 2d 118 (1981)).

2016In State ex rel Huddleston v. Sawyer, 324 Or 597 , 932 P2d 1145 , cert den, 522 US 994 (1997), in rejecting a federal equal protection challenge to ORS 137.700, the Supreme Court emphasized that, even if a statute is ostensibly underinclusive because it does not include all violent felonies, the United States Supreme Court “ordinarily does not strike down criminal laws on that ground under the rational-basis test used for Equal Protection analysis.” Id. at 629 (citing Romer, 517 US at 631 , and Jones v. Helms, 452 US 412, 426 , 101 S Ct 2434 , 69 L Ed 2d 118 (1981)).

2016In State ex rel Huddleston v. Sawyer, 324 Or 597 , 932 P2d 1145 , cert den, 522 US 994 (1997), in rejecting a federal equal protection challenge to ORS 137.700, the Supreme Court emphasized that, even if a statute is ostensibly underinclusive because it does not include all violent felonies, the United States Supreme Court “ordinarily does not strike down criminal laws on that ground under the rational-basis test used for Equal Protection analysis.” Id. at 629 (citing Romer, 517 US at 631 , and Jones v. Helms, 452 US 412, 426 , 101 S Ct 2434 , 69 L Ed 2d 118 (1981)).

2015“To survive an equal privileges and immunities challenge under the rational basis test, the classification involved must bear some rational relationship to some legitimate end.” Withers v. State, 163 Or App 298, 309 , 987 P2d 1247 (1999).

2015“To survive an equal privileges and immunities challenge under the rational basis test, the classification involved must bear some rational relationship to some legitimate end.” Withers v. State, 163 Or App 298, 309 , 987 P2d 1247 (1999).

2010We rely instead on the more recent Supreme Court pronouncements of substantive due process analysis for economic legislation, which articulate a rational basis test.” 110 F3d at 554-55 .

2006Under that standard, laws are presumed to be valid and will be upheld if “there is a rational relationship between the disparity of treatment and some legitimate governmental purpose.” Heller v. Doe, 509 US 312, 320 , 113 S Ct 2637 , 125 L Ed 2d 257 (1993).

2006Under that standard, laws are presumed to be valid and will be upheld if “there is a rational relationship between the disparity of treatment and some legitimate governmental purpose.” Heller v. Doe, 509 US 312, 320 , 113 S Ct 2637 , 125 L Ed 2d 257 (1993).

2006Kramer, 395 US at 627-29 .

2006Following Hale , in Sherwood, we stated that “ [o]rdinarily, disparate treatment of classes will be upheld if there is a rational basis for the *559 disparity, but if the disparity is a result of a ‘suspect’ classification, the disparity is subject to a more demanding examination.” Sherwood, 167 Or App at 385-86 .

2006As noted in Mid-County Future Alt., the triple majority annexation method eliminates the administrative burden of an election where consent procedures already have established that a proposed annexation is favored by the property owners of the territory. 82 Or App at 199 .

2001Statutes of Oregon 1854, Act for the Limitation of Actions, ch 1, § 6, p 171. 8 The court, in fact, faulted its earlier case, Vaughn v. Langmack, 236 Or 542 , 390 P2d 142 (1964), for placing too much emphasis on the history of the statute and overruled that case.

2001Statutes of Oregon 1854, Act for the Limitation of Actions, ch 1, § 6, p 171. 8 The court, in fact, faulted its earlier case, Vaughn v. Langmack, 236 Or 542 , 390 P2d 142 (1964), for placing too much emphasis on the history of the statute and overruled that case.

1988Alternatively, they argue that under the “balancing test” of Olsen v. State ex rel Johnson, 276 Or 9, 20 , 554 P2d 139 (1976), the detriment caused to them by subsection (3) (a) outweighs the state’s justification.

1988Alternatively, they argue that under the “balancing test” of Olsen v. State ex rel Johnson, 276 Or 9, 20 , 554 P2d 139 (1976), the detriment caused to them by subsection (3) (a) outweighs the state’s justification.