equal privileges and immunities clause (Oregon) · Go Syfert
← Oregon issues

equal privileges and immunities clause in Oregon

13 Oregon opinions name it 3 courts 1984–2017 0 in the last five years

The cases below were cited by Oregon 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 (3)

CaseFollowedCited
State v. Robertsongreen
or · 1982 · cited in 5 Oregon opinions naming this issue, 1985–1993
2 sentences

1993See State v. Robertson, 293 Or 402,408 , 649 P2d 569 (1982).

1993See State v. Robertson, 293 Or 402,408 , 649 P2d 569 (1982).

55
In Re the Marriage of Crockergreen
or · 2001 · cited in 2 Oregon opinions naming this issue, 2002–2017
2 sentences

2017See Crocker and Crocker, 332 Or 42, 54 , 22 P3d 759 (2001) (“The equal privileges and immunities clause scrutinizes benefits in the form of privileges and immunities given to a particular class [.] ”).

2017See Crocker and Crocker, 332 Or 42, 54 , 22 P3d 759 (2001) (“The equal privileges and immunities clause scrutinizes benefits in the form of privileges and immunities given to a particular class [.] ”).

12
State v. Savagegreen
or · 1919 · cited in 1 Oregon opinions naming this issue, 2001–2001
2 sentences

2001See State v. Savage, 96 Or 53, 59 , 184 P 567 (1920) (Article I, section 20, is ‘antithesis’ of Fourteenth Amendment’s equal protection clause).

2001See State v. Savage, 96 Or 53, 59 , 184 P 567 (1920) (Article I, section 20, is ‘antithesis’ of Fourteenth Amendment’s equal protection clause).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
WITCHERS v. State of Oregon green
orctapp · 1999
2 sentences

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).

12015–2015
Tony Duckett v. Salvador Godinez Brian McKay green
ca9 · 1995
1 sentence

2013“In addition, the trial court violated the above constitutional rights when it ordered, on its own motion, and without appropriate objection from defense counsel, that the Defendant [sic] should be shackled and placed in additional restraint, i.e., leg irons, during the penalty phase in contravention of established law at the time of the penalty phase as expressed by Duckett v. Godinz/McKay, 67 F3d 734 (9th Cir 1995).” Rather, petitioner contends, trial counsel asserted that the state’s disparate treatment of petitioner and Susbauer in plea negotiations had violated the equal privileges and im

12013–2013
Seto v. Tri-County Metropolitan Transportation District green
or · 1991
2 sentences

2002An equal privileges and immunities analysis in this context 7 entails a determination of: “(1) whether the legislature had authority to act; (2) whether one class of persons receives privileges that the other does not; and (3) whether the disparate treatment had a rational basis.” Crocker and Crocker, 332 Or 42, 54 , 22 P3d 759 (2001) (citing Seto v. Tri-County Metro Transportation Dist., 311 Or 456, 467 , 814 P2d 1060 (1991)).

2002An equal privileges and immunities analysis in this context 7 entails a determination of: “(1) whether the legislature had authority to act; (2) whether one class of persons receives privileges that the other does not; and (3) whether the disparate treatment had a rational basis.” Crocker and Crocker, 332 Or 42, 54 , 22 P3d 759 (2001) (citing Seto v. Tri-County Metro Transportation Dist., 311 Or 456, 467 , 814 P2d 1060 (1991)).

12002–2002
State v. Buchholz green
or · 1990
2 sentences

2001It is undisputed that, for purposes of Article I, section 20, a “district attorney may not decide whether to plea bargain based on impermissible criteria, such as race or religion.” State v. Buchholz, 309 Or 442, 446 , 788 P2d 998 (1990).

2001It is undisputed that, for purposes of Article I, section 20, a “district attorney may not decide whether to plea bargain based on impermissible criteria, such as race or religion.” State v. Buchholz, 309 Or 442, 446 , 788 P2d 998 (1990).

12001–2001
State v. Day green
orctapp · 1987
2 sentences

1989Unless the challenged classification is based “on ‘immutable’ personal characteristics,” Hewitt v. SAIF, 294 Or 33, 45 , 653 P2d 970 (1982), it will be upheld so long as it “bears a rational relationship to some legitimate state interest.” State v. Day, 84 Or App 291, 294 , 733 P2d 937 , rev den 303 Or 535 (1987) (quoting Ritchie v. Board of Parole, 35 Or App 711 , *469 717, 583 P2d 1 (1978), adhered to as modified 37 Or App 385 , 587 P2d 1036 (1978)).

1989Unless the challenged classification is based “on ‘immutable’ personal characteristics,” Hewitt v. SAIF, 294 Or 33, 45 , 653 P2d 970 (1982), it will be upheld so long as it “bears a rational relationship to some legitimate state interest.” State v. Day, 84 Or App 291, 294 , 733 P2d 937 , rev den 303 Or 535 (1987) (quoting Ritchie v. Board of Parole, 35 Or App 711 , *469 717, 583 P2d 1 (1978), adhered to as modified 37 Or App 385 , 587 P2d 1036 (1978)).

11989–1989
Hewitt v. State Accident Insurance Fund Corp. green
or · 1982
2 sentences

1989Unless the challenged classification is based “on ‘immutable’ personal characteristics,” Hewitt v. SAIF, 294 Or 33, 45 , 653 P2d 970 (1982), it will be upheld so long as it “bears a rational relationship to some legitimate state interest.” State v. Day, 84 Or App 291, 294 , 733 P2d 937 , rev den 303 Or 535 (1987) (quoting Ritchie v. Board of Parole, 35 Or App 711 , *469 717, 583 P2d 1 (1978), adhered to as modified 37 Or App 385 , 587 P2d 1036 (1978)).

1989Unless the challenged classification is based “on ‘immutable’ personal characteristics,” Hewitt v. SAIF, 294 Or 33, 45 , 653 P2d 970 (1982), it will be upheld so long as it “bears a rational relationship to some legitimate state interest.” State v. Day, 84 Or App 291, 294 , 733 P2d 937 , rev den 303 Or 535 (1987) (quoting Ritchie v. Board of Parole, 35 Or App 711 , *469 717, 583 P2d 1 (1978), adhered to as modified 37 Or App 385 , 587 P2d 1036 (1978)).

11989–1989
Ritchie v. Board of Parole neutral
orctapp · 1978
2 sentences

1989Unless the challenged classification is based “on ‘immutable’ personal characteristics,” Hewitt v. SAIF, 294 Or 33, 45 , 653 P2d 970 (1982), it will be upheld so long as it “bears a rational relationship to some legitimate state interest.” State v. Day, 84 Or App 291, 294 , 733 P2d 937 , rev den 303 Or 535 (1987) (quoting Ritchie v. Board of Parole, 35 Or App 711 , *469 717, 583 P2d 1 (1978), adhered to as modified 37 Or App 385 , 587 P2d 1036 (1978)).

1989Unless the challenged classification is based “on ‘immutable’ personal characteristics,” Hewitt v. SAIF, 294 Or 33, 45 , 653 P2d 970 (1982), it will be upheld so long as it “bears a rational relationship to some legitimate state interest.” State v. Day, 84 Or App 291, 294 , 733 P2d 937 , rev den 303 Or 535 (1987) (quoting Ritchie v. Board of Parole, 35 Or App 711 , *469 717, 583 P2d 1 (1978), adhered to as modified 37 Or App 385 , 587 P2d 1036 (1978)).

11989–1989
Ritchie v. Board of Parole neutral
orctapp · 1978
2 sentences

1989Unless the challenged classification is based “on ‘immutable’ personal characteristics,” Hewitt v. SAIF, 294 Or 33, 45 , 653 P2d 970 (1982), it will be upheld so long as it “bears a rational relationship to some legitimate state interest.” State v. Day, 84 Or App 291, 294 , 733 P2d 937 , rev den 303 Or 535 (1987) (quoting Ritchie v. Board of Parole, 35 Or App 711 , *469 717, 583 P2d 1 (1978), adhered to as modified 37 Or App 385 , 587 P2d 1036 (1978)).

1989Unless the challenged classification is based “on ‘immutable’ personal characteristics,” Hewitt v. SAIF, 294 Or 33, 45 , 653 P2d 970 (1982), it will be upheld so long as it “bears a rational relationship to some legitimate state interest.” State v. Day, 84 Or App 291, 294 , 733 P2d 937 , rev den 303 Or 535 (1987) (quoting Ritchie v. Board of Parole, 35 Or App 711 , *469 717, 583 P2d 1 (1978), adhered to as modified 37 Or App 385 , 587 P2d 1036 (1978)).

11989–1989
Planned Parenthood Ass'n v. Department of Human Resources green
orctapp · 1983
2 sentences

1984Planned Parenthood et al v. Department of Human Resources, 63 Or App 41 , 663 P2d 1247 (1983).

1984Planned Parenthood et al v. Department of Human Resources, 63 Or App 41 , 663 P2d 1247 (1983).

11984–1984

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 163.095 (3)

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

OR 13 (1984–2017) IN 12 (1999–2017) AZ 3 (1987–2025) AR 2 (1906–1915) WA 2 (1941–1991)

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