equal protection clause in West Virginia

2013See also Pauley, 162 W.Va. at 712 , 255 S.E.2d at 880 (citations omitted) ("The violation of the equal protection standard usually arises from state action; that is, the act of a legislative body in setting, by some statute or ordinance, an arbitrary classification.

2013See also Pauley, 162 W.Va. at 712 , 255 S.E.2d at 880 (citations omitted) ("The violation of the equal protection standard usually arises from state action; that is, the act of a legislative body in setting, by some statute or ordinance, an arbitrary classification.

2019Va. at 596 , 466 S.E.2d at 447 (finding 16 “Our equal and uniform provision governing taxes is sub-species of the equal protection clause.” Kline v. McCloud, 174 W.

1999This Court has previously made clear that under the equal protection clause, if the challenged classification does not affect a fundamental right or some suspect or quasi-suspect criterion, the governmental classification will be sustained so long as it “is rationally related to a legitimate state interest.” Appalachian Power Co. v. Tax Dept., 195 W.Va. 573, 594 , 466 S.E.2d 424, 445 (1995) (citation omitted).

1979Several states were presented with the option of receiving land grants from the federal government for the use of public schools upon their admission into the Union: Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Ohio, Oregon and Wisconsin. 1-8 The Federal and State Constitution, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming The United States of America (P. Thorpe ed. 1909) This is the traditional equal protection standard which we have recognized in Cimino v. Board of Education of County of Marion, _ W.Va

1979Several states were presented with the option of receiving land grants from the federal government for the use of public schools upon their admission into the Union: Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Ohio, Oregon and Wisconsin. 1-8 The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming The United States of America (F. Thorpe ed. 1909). [6] This is the traditional equal protection standard which we have recognized in Cimino v. Board of Education of County of Marion,

2025Co. 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.

2004As this Court noted in Haislop v. Edgell, 215 W.Va. 88, 99 , 593 S.E.2d 839, 850 [2003] (upholding sex offender registration statute): Additionally, we are not unmindful that the concurring opinion of Justices Souter and Ginsburg in Connecticut Department of Public Safety noted that they "agree with the observation that today's holding does not foreclose a claim that Connecticut's dissemination of registry information is actionable on a substantive due process principle[J” Id. 538 U.S. at 8, 123 S.Ct. at 1165, 155 L.Ed.2d at 106, and that "the Court's rejection of respondents' procedural due p

2004As this Court noted in Haislop v. Edgell, 215 W.Va. 88, 99 , 593 S.E.2d 839, 850 [2003] (upholding sex offender registration statute): Additionally, we are not unmindful that the concurring opinion of Justices Souter and Ginsburg in Connecticut Department of Public Safety noted that they "agree with the observation that today's holding does not foreclose a claim that Connecticut's dissemination of registry information is actionable on a substantive due process principle[,]" Id. 538 U.S. at 8, 123 S.Ct. at 1165, 155 L.Ed.2d at 106, and that "the Court's rejection of respondents' procedural due

1996The United States Supreme Court explained in Norwood v. Harrison, 413 U.S. 455, 462 , 93 S.Ct. 2804, 2809 , 37 L.Ed.2d 723, 729 (1973): “ ‘In Pierce [v. Society of Sisters, 268 U.S. 510 , 45 S.Ct. 571 , 69 L.Ed. 1070 (1925) ], the Court affirmed the right of private schools to exist and to operate; it said nothing of any supposed right of private or parochial schools to share with public schools in state largesse, on an equal basis or otherwise.

1996The United States Supreme Court explained in Norwood v. Harrison, 413 U.S. 455, 462 , 93 S.Ct. 2804, 2809 , 37 L.Ed.2d 723, 729 (1973): “ ‘In Pierce [v. Society of Sisters, 268 U.S. 510 , 45 S.Ct. 571 , 69 L.Ed. 1070 (1925) ], the Court affirmed the right of private schools to exist and to operate; it said nothing of any supposed right of private or parochial schools to share with public schools in state largesse, on an equal basis or otherwise.

2024Va. 568 , 244 S.E.2d 327 (1978) instructive: When all persons in a class created by a statute are treated equally and the classification is a rational one based on social, economic, historic or geographical factors, and the classification bears a rational relationship to a legitimate state purpose, such statute is not violative of the equal protection clause of the Fourteenth Amendment to the United States Constitution or Article III, Section 17 of the West Virginia Constitution.

1988Longanacre v. Crabtree, 177 W.Va. 132, 135, n. 4 , 350 S.E.2d 760 , 763 n. 4 (1986); Pauley v. Kelly, 162 W.Va. 672, 707 , 255 S.E.2d 859, 878 (1979); Shackleford v. Catlett, 161 W.Va. 568, 572 , 244 S.E.2d 327, 330 (1978); State ex rel.

1994Israel v. West Virginia Secondary Schools Activities Commission, 182 W.Va. 454 , 388 S.E.2d 480 (1989), held that "West Virginia's constitutional equal protection principle is a part of the Due Process Clause found in Article III, Section 10 of the West Virginia Constitution." [13] We resolve this issue under the equal protection claim, finding that the girls' basketball season as it currently exists is unconstitutional gender-based discrimination.

1994Israel v. West Virginia Secondary Schools Activities Commission, 182 W.Va. 454 , 388 S.E.2d 480 (1989), held that "West Virginia's constitutional equal protection principle is a part of the Due Process Clause found in Article III, Section 10 of the West Virginia Constitution." [13] We resolve this issue under the equal protection claim, finding that the girls' basketball season as it currently exists is unconstitutional gender-based discrimination.

2025Lewis v. Canaan Valley Resorts, Inc., 185 W.

2003Lewis v. Canaan Valley Resorts, Inc., 185 W.Va. 684, 691 , 408 S.E.2d 634, 641 (1991).

2019Va. at 596 , 466 S.E.2d at 447 (finding 16 “Our equal and uniform provision governing taxes is sub-species of the equal protection clause.” Kline v. McCloud, 174 W.

1992Similarly, in Kline v. McCloud, 174 W.Va. 369 , 326 S.E.2d 715 (1984), we held that under the equal protection clause of the United States Constitution and the similar clause in the State constitution, there was a requirement that the taxpayer/property owner must show that other property had been improperly valued and that the undervaluation was intentional and systematic. 2 .

2018First, the Jenness Court compared the facts of that case with the facts of Williams v. Rhodes , 393 U.S. 23 , 89 S.Ct. 5 , 21 L.Ed.2d 24 (1968), a case in which the Supreme Court found invidious discrimination in Ohio's election laws.

2018First, the Jenness Court compared the facts of that case with the facts of Williams v. Rhodes , 393 U.S. 23 , 89 S.Ct. 5 , 21 L.Ed.2d 24 (1968), a case in which the Supreme Court found invidious discrimination in Ohio's election laws.

2013Here, these excess levies are determined by the vote of the people.”) 38 Moreover, the narrow view that the only constitutional issue implicated in the school financing scheme is whether students are being denied a “thorough and efficient” education was previously rejected in Manchin, 179 W.

1988Board of Education v. Manchin, 179 W.Va. 235, 240 , 366 S.E.2d 743, 748 (1988); State ex rel.

2005Ctr., Inc., 186 W.Va. 720, 726 , 414 S.E.2d 877, 883 (1991).

2005Ctr., Inc., 186 W.Va. 720, 726 , 414 S.E.2d 877, 883 (1991).

1992“The equal protection clause ... protects the individual from state action which selects him out for discriminatory treatment by subjecting him to taxes not imposed on others of the same class.” Id. at 343 , 109 S.Ct. at 637 , 102 L.Ed.2d at 698 (citations omitted).

1992“The equal protection clause ... protects the individual from state action which selects him out for discriminatory treatment by subjecting him to taxes not imposed on others of the same class.” Id. at 343 , 109 S.Ct. at 637 , 102 L.Ed.2d at 698 (citations omitted).

1994For similar reasons found for the equal protection violation, this Court also holds the anticipatory Release impermissibly interferes with appellant’s right to a “certain remedy.” See, Article III, Section 17 of the West Virginia Constitution (“... every person, for an injury done to him, in his person, property, or reputation, shall have remedy by due course of law....”); Gibson v. West Virginia Department of Highways, 185 W.Va. 214, 225 , 406 S.E.2d 440, 451 (1991) (state policy violates “certain remedies” provision if it “severely limits existing procedural rights”).

1994For similar reasons found for the equal protection violation, this Court also holds the anticipatory Release impermissibly interferes with appellant’s right to a “certain remedy.” See, Article III, Section 17 of the West Virginia Constitution (“... every person, for an injury done to him, in his person, property, or reputation, shall have remedy by due course of law....”); Gibson v. West Virginia Department of Highways, 185 W.Va. 214, 225 , 406 S.E.2d 440, 451 (1991) (state policy violates “certain remedies” provision if it “severely limits existing procedural rights”).

2025Va. 629, 643 , 827 S.E.2d 417, 431 (“When an equal protection challenge is made involving economic rights, the rational relationship test is utilized…”); Michael H. v. Gerald D., 491 U.S. 110, 131 (1989) (“We apply… the ordinary ‘rational relationship’ test to Victoria’s equal protection challenge.”). 2 State courts are free to adopt a more expansive interpretation of their own equal protection clauses than federal court interpretations of the equal protection clause of the Fourteenth Amendment.

2025Va. 629, 643 , 827 S.E.2d 417, 431 (“When an equal protection challenge is made involving economic rights, the rational relationship test is utilized…”); Michael H. v. Gerald D., 491 U.S. 110, 131 (1989) (“We apply… the ordinary ‘rational relationship’ test to Victoria’s equal protection challenge.”). 2 State courts are free to adopt a more expansive interpretation of their own equal protection clauses than federal court interpretations of the equal protection clause of the Fourteenth Amendment.

2025Va. 629, 643 , 827 S.E.2d 417, 431 (“When an equal protection challenge is made involving economic rights, the rational relationship test is utilized…”); Michael H. v. Gerald D., 491 U.S. 110, 131 (1989) (“We apply… the ordinary ‘rational relationship’ test to Victoria’s equal protection challenge.”). 2 State courts are free to adopt a more expansive interpretation of their own equal protection clauses than federal court interpretations of the equal protection clause of the Fourteenth Amendment.

2025Va. 629, 643 , 827 S.E.2d 417, 431 (“When an equal protection challenge is made involving economic rights, the rational relationship test is utilized…”); Michael H. v. Gerald D., 491 U.S. 110, 131 (1989) (“We apply… the ordinary ‘rational relationship’ test to Victoria’s equal protection challenge.”). 2 State courts are free to adopt a more expansive interpretation of their own equal protection clauses than federal court interpretations of the equal protection clause of the Fourteenth Amendment.