federal equal protection clause in Utah

2010Gallivan, 2002 UT 89, ¶ 33 , 54 P.3d 1069 (internal quotation marks omitted). 5 The Utah provision may, "'in some cireumstances, [be] more rigorous than the standard applied under the federal constitution"'" Id. (quoting Mountain Fuel Supply Co. v. Salt Lake City Corp., 752 P.2d 884, 889 (Utah 1988); see also Blue Cross & Blue Shield, 779 P.2d at 637 (stating the guarantees under the Utah Constitution are not only as least as vigorous but "probably more" protective than the federal equal protection clause)).

1989Therefore, if the statutes under attack can withstand scrutiny under article I, section 24, they will not be found to violate the federal equal protection clause. 752 P.2d at 890 .

2021See also Blue Cross & Blue Shield of Utah v. State of Utah, 779 P.2d 634, 637 (Utah 1989) (“The principles and concepts embodied in the federal equal protection clause and the state uniform operation of the laws provision are substantially similar.”). 20190684-CA 4 2021 UT App 32 State v. Rosen in a vacuum; rather, it involves asking whether the strategy counsel employed was that of a reasonable, competent lawyer in the real-time context” of the proceeding.

2010Gallivan, 2002 UT 89, ¶ 33 , 54 P.3d 1069 (internal quotation marks omitted). 5 The Utah provision may, "'in some cireumstances, [be] more rigorous than the standard applied under the federal constitution"'" Id. (quoting Mountain Fuel Supply Co. v. Salt Lake City Corp., 752 P.2d 884, 889 (Utah 1988); see also Blue Cross & Blue Shield, 779 P.2d at 637 (stating the guarantees under the Utah Constitution are not only as least as vigorous but "probably more" protective than the federal equal protection clause)).

2021“Moreover, deficient performance is not determined (…continued) considered Utah’s version of the federal equal protection clause as the two “embody the same general principle.” Gallivan v. Walker, 2002 UT 89, ¶ 31 , 54 P.3d 1069 (quotation simplified).

2021“Moreover, deficient performance is not determined (…continued) considered Utah’s version of the federal equal protection clause as the two “embody the same general principle.” Gallivan v. Walker, 2002 UT 89, ¶ 31 , 54 P.3d 1069 (quotation simplified).

1997We must examine the juveniles' state and federal equal protection claims separately as "the federal equal protection clause and Utah's uniform operation of laws clauses contain separate and independent guarantees." Mohi, 901 P.2d at 1004 n. 22; see, e.g., Lee v. Gaufin, 867 P.2d 572, 577 (Utah 1993).

1997We must examine the juveniles' state and federal equal protection claims separately as "the federal equal protection clause and Utah's uniform operation of laws clauses contain separate and independent guarantees." Mohi, 901 P.2d at 1004 n. 22; see, e.g., Lee v. Gaufin, 867 P.2d 572, 577 (Utah 1993).

2002Id. ¶ 34 Article I, section 24 of the Utah Constitution provides, "All laws of a general nature shall have uniform operation." Under Article I, section 24, a two-part test is necessary to ensure the uniform operation of the laws: "First, a law must apply equally to all persons within a class.

2002Id. 134 Article I, section 24 of the Utah Constitution provides, "All laws of a general nature shall have uniform operation." Under Article I, section 24, a two-part test is necessary to ensure the uniform operation of the laws: "First, a law must apply equally to all persons within a class.

1997See Blue Cross, 779 P.2d at 637, 645 ; Mountain Fuel Supply Co. v. Salt Lake City Corp., 752 P.2d 884, 890 (Utah 1988).

1997See Blue Cross, 779 P.2d at 637, 645 ; Mountain Fuel Supply Co. v. Salt Lake City Corp., 752 P.2d 884, 890 (Utah 1988).

1997Blue Cross & Blue Shield v. State, 779 P.2d 634, 637 (Utah 1989); see also Gray v. Department of Employment Sec., 681 P.2d 807, 825-26 (Utah 1984) (Durham, J., concurring & dissenting). .

1997Blue Cross & Blue Shield v. State, 779 P.2d 634, 637 (Utah 1989); see also Gray v. Department of Employment Sec., 681 P.2d 807, 825-26 (Utah 1984) (Durham, J., concurring & dissenting). [4] In Mohi , the Utah Supreme Court held that the direct-file provision of the Juvenile Courts Act, Utah Code Ann. § 78 -3a-25 (1993), violated the uniform operation of laws provision of the Utah Constitution.

2021See also Blue Cross & Blue Shield of Utah v. State of Utah, 779 P.2d 634, 637 (Utah 1989) (“The principles and concepts embodied in the federal equal protection clause and the state uniform operation of the laws provision are substantially similar.”). 20190684-CA 4 2021 UT App 32 State v. Rosen in a vacuum; rather, it involves asking whether the strategy counsel employed was that of a reasonable, competent lawyer in the real-time context” of the proceeding.

2021See also Blue Cross & Blue Shield of Utah v. State of Utah, 779 P.2d 634, 637 (Utah 1989) (“The principles and concepts embodied in the federal equal protection clause and the state uniform operation of the laws provision are substantially similar.”). 20190684-CA 4 2021 UT App 32 State v. Rosen in a vacuum; rather, it involves asking whether the strategy counsel employed was that of a reasonable, competent lawyer in the real-time context” of the proceeding.

2010See ABCO Enters. v. State Tax Comm'n, 2009 UT 36, ¶ 14 , 211 P.3d 382 ; Blue Cross & Blue Shield of Utah v. State Tax Comm'n, 779 P.2d 634, 637 (Utah 1989). 6 .

2010See ABCO Enters. v. State Tax Comm'n, 2009 UT 36, ¶ 14 , 211 P.3d 382 ; Blue Cross & Blue Shield of Utah v. State Tax Comm'n, 779 P.2d 634, 637 (Utah 1989). 6 .

2005I, § 24 (“All laws of a general nature shall have uniform operation.”); see also Anderson v. Provo City, 2005 UT 5, ¶¶ 17-18 , 108 P.3d 701 (stating that the two provisions embody the same general principles, although under some circumstances, Utah’s uniform operation of laws provision is more rigorous than the federal equal protection clause).

2005I, § 24 (“All laws of a general nature shall have uniform operation.”); see also Anderson v. Provo City, 2005 UT 5, ¶¶ 17-18 , 108 P.3d 701 (stating that the two provisions embody the same general principles, although under some circumstances, Utah’s uniform operation of laws provision is more rigorous than the federal equal protection clause).