equal protection clause in Kentucky

2023“Under the rational basis test, a classification must be upheld against an equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.” Howard, 969 S.W.2d at 703 (citing Heller v. Doe, 509 U.S. 312 , 113 S. Ct. 2637 , 125 L.

2020Howard, 969 S.W.2d at 703 (“Under the rational basis test, a classification must be upheld against an equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.”).7 Under the rational basis test, the “person 7 If the classification at issue involved a suspect class, such as race, or interfered with a fundamental right we would use a more rigorous examination standard.

2025See Zuckerman, 565 S.W.3d at 609 (Minton, C.J., concurring) (noting that the special and local legislation analysis demands consideration of the reasons for statutorily drawn classifications, and that “such an analysis is in exact conformance with an Equal Protection Clause analysis.”); see also Weiand v. Bd. of Trustees of Ky. Ret.

2025See Zuckerman, 565 S.W.3d at 609 (Minton, C.J., concurring) (noting that the special and local legislation analysis demands consideration of the reasons for statutorily drawn classifications, and that “such an analysis is in exact conformance with an Equal Protection Clause analysis.”); see also Weiand v. Bd. of Trustees of Ky. Ret.

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2023Although the provisions of KRS 118.176 could have been more carefully worded, Ahrens’s proposed interpretation would truly lead to an absurd and obviously unintended result. -12- “[I]n order to determine whether a person is being denied equal protection of the laws it is necessary to make a comparison between two people or classes of people in relation to their respective enjoyment of the same privilege or protection.” Thomas v. Lyons, 586 S.W.2d 711, 713 (Ky. 1979); see also Vision Mining, Inc. v. Gardner, 364 S.W.3d 455, 474 (Ky. 2011) (“In considering an equal protection challenge, a court

2021“In considering an equal protection challenge, a court does not engage in accounting of debits and credits; rather the court must examine whether similarly situated individuals have been treated differently . . . and, if so, whether or not such treatment is rationally related to a legitimate state interest.” Parker, 529 S.W.3d at 769 (quoting Vision Mining, 364 S.W.3d at 474 (internal quotation marks omitted; original capitalization restored)).

2018As previously noted, “[i]n areas of social and economic policy, a statutory classification that neither proceeds along suspect lines nor infringes fundamental constitutional rights must be upheld against an equal protection challenge if. . . any reasonably conceivable state of facts . . . could provide a rational basis for the classification.” Id. (quotation and footnote omitted);21 see also Popplewell's 21 In Elk Hom Coal, we acknowledged that, on occasion based on particular facts, we had elected to apply a higher level of scrutiny to equal protection analysis in cases involving social and e

2018As previously noted, “[i]n areas of social and economic policy, a statutory classification that neither proceeds along suspect lines nor infringes fundamental constitutional rights must be upheld against an equal protection challenge if. . . any reasonably conceivable state of facts . . . could provide a rational basis for the classification.” Id. (quotation and footnote omitted);21 see also Popplewell's 21 In Elk Hom Coal, we acknowledged that, on occasion based on particular facts, we had elected to apply a higher level of scrutiny to equal protection analysis in cases involving social and e

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2018See, e.g., Steven Lee Enters, v. Varney, 36 S.W.3d 391, 394-95 (Ky. 2000).

2018See, e.g., Steven Lee Enters, v. Varney, 36 S.W.3d 391, 394-95 (Ky. 2000).

2018See Mem’l Hosp. v. Maricopa Cnty., 415 U.S. 250, 253 , 94 S. Ct. 1076, 1080 , 39 L.

2018See Mem’l Hosp. v. Maricopa Cnty., 415 U.S. 250, 253 , 94 S. Ct. 1076, 1080 , 39 L.

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2022He would have to show that he was victimized because of some suspect classification, which is an essential element of an equal protection claim.” Newell v. Brown, 981 F.2d 880, 887 (6th Cir. 1992) (internal quotation marks omitted).

2009He would have to show that he was victimized because of some suspect classification, which is an essential element of an equal protection claim.” Newell v. Brown, 981 F.2d 880, 887 (6th Cir.1992) (internal citations omitted).

2020See, e.g., Meacham v. Department of Corrections, No. 2016-CA-001395-MR, 2017 WL 4847694 , at *2 (Ky. App. Oct. 27, 2017), opinion not to be published (Mar. 14, 2018); Yokely v. Morgan, No. 2006-CA-000408-MR, 2007 WL 1194194 , at *2 (Ky. App. Mar. 30, 2007) (unpublished). -10- element of an equal protection claim.” Id. (quoting Booher v. United States Postal Service, 843 F.2d 943, 944 (6th Cir. 1988)).

1995See Booher v. United States Postal Service, 843 F.2d 943, 944 (6th Cir.1988).

2017As we have regularly observed, appellate courts are - '"without authority to review issues not raised in or decided by the trial court.m Ten Broeck DuPont, Inc. v. Brooks, 283 S.W.3d 705, 734 (Ky. 2009) citing Regional Jail Authority v. Tackett, 770 S.W.2d 225, 228 (Ky. 1989).

2017As we have regularly observed, appellate courts are " ‘without authority to review issues not raised in or decided by. the trial court.’ ” Ten Broeck DuPont, Inc. v. Brooks, 283 S.W.3d 705, 734 (Ky. 2009) citing Regional Jail Authority v. Tackett, 770 S.W.2d 225, 228 (Ky. 1989).

2017As we have regularly observed, appellate courts are - '"without authority to review issues not raised in or decided by the trial court.m Ten Broeck DuPont, Inc. v. Brooks, 283 S.W.3d 705, 734 (Ky. 2009) citing Regional Jail Authority v. Tackett, 770 S.W.2d 225, 228 (Ky. 1989).

2017As we have regularly observed, appellate courts are " ‘without authority to review issues not raised in or decided by. the trial court.’ ” Ten Broeck DuPont, Inc. v. Brooks, 283 S.W.3d 705, 734 (Ky. 2009) citing Regional Jail Authority v. Tackett, 770 S.W.2d 225, 228 (Ky. 1989).

2023“Under the rational basis test, a classification must be upheld against an equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.” Howard, 969 S.W.2d at 703 (citing Heller v. Doe, 509 U.S. 312 , 113 S. Ct. 2637 , 125 L.

2023“Under the rational basis test, a classification must be upheld against an equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.” Howard, 969 S.W.2d at 703 (citing Heller v. Doe, 509 U.S. 312 , 113 S. Ct. 2637 , 125 L.

2019Regarding equal protection rights, unless a more specific provisions of our state constitution applies, “an equal protection analysis requires strict scrutiny of legislative classification only when the classification impermissibly interferes with the exercise of a fundamental right or operates to the peculiar disadvantage of a suspect class.” Commonwealth v. Howard, 969 S.W.2d 700, 703 (Ky. 1998) (citing Massachusetts Bd. Of Retirement v. Murgia, 427 U.S. 307, 312 (1976)).

2016Unless a classification requires some form of heightened review because it jeopardizes the exercise of a fundamental right or categorizes on the basis of an inherently suspect characteristic, the equal protection clause of the federal constitution requires only that the classification rationally further a legitimate state interest. [Massachusetts Board of Retirement v. ] Murgia, [ 427 U.S. 307 , 96 S.Ct. 2562 , 49 L.Ed.2d 520 (1976) ].

2023Mobley v. Armstrong, 978 S.W.2d 307, 309 (Ky. 1998), as modified (Oct. 22, 1998) (“The right to candidacy is not a fundamental right.”); Chapman v. Gorman, 839 S.W.2d 232, 237-38 (Ky. 1992) (“The federal circuit courts of appeal, under Equal Protection Clause analysis, sometimes within the context of First Amendment challenges, as the trial court observed, have adhered to Bullock v. Carter, [ 405 U.S. 134, 143 , 92 S. Ct. 849, 855 , 31 L.

2020“It is the distinguished role of this Court throughout the ages to be a stabilizing force, standing apart from the political headwinds which sweep through the legislative process.”104 We have emphatically stated “stare decisis [is] the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.”105 Unlike 100 See Mobley v. Armstrong, 978 S.W.2d 307 (Ky. 1998) (Rational basis analysis is used when an equal protection claim does not involve a suspect class such as race or gender or interfere with a fundamental right such as

2005This is consistent with the simple goal of the equal protection clause to ‘[kjeep governmental decision makers from treating differently persons who are in all relevant respects alike.’ Nordlinger v. Hahn, 505 U.S. 1, 10 , 112 S.Ct. 2326, 2331 , 120 L.Ed.2d 1 (1992).

2005This is consistent with the simple goal of the equal protection clause to ‘[kjeep governmental decision makers from treating differently persons who are in all relevant respects alike.’ Nordlinger v. Hahn, 505 U.S. 1, 10 , 112 S.Ct. 2326, 2331 , 120 L.Ed.2d 1 (1992).