equal protection clause in Wyoming

1996Smith v. Board of County Com'rs of County of Sublette, 891 P.2d 88, 91 (Wyo.1995) ( quoting Kautza v. City of Cody, 812 P.2d 143, 147 (Wyo.1991)).

1995This Court has held that an equal protection violation requires the claimant to demonstrate that “the state has made a classification that treats similarly situated people differently and that the classification is not rationally related to a legitimate state end.” Kautza v. City of Cody, 812 P.2d 143, 147 (Wyo.1991) (citing Clements v. Fashing, 457 U.S. 957, 963 , 102 S.Ct. 2836, 2843 , 73 L.Ed.2d 508 (1982)).

2010Div. v. Summers, 987 P.2d 153, 155-56 (Wyo.1999) (holding the OAH erroneously applied the exclusion to a diagnosis given in 1993 before the exclusion was enacted); and Frantz v. Campbell County Memorial Hosp., 932 P.2d 750, 754 (Wyo.1997) (holding the exclusion did not violate the equal protection clause of the Wyoming Constitution or the Fourteenth Amendment to the United States Constitution), overruled on other grounds in Torres v. State ex rel.

2010Div. v. Summers, 987 P.2d 153, 155-56 (Wyo.1999) (holding the OAH erroneously applied the exclusion to a diagnosis given in 1993 before the exclusion was enacted); and Frantz v. Campbell County Memorial Hosp., 932 P.2d 750, 754 (Wyo.1997) (holding the exclusion did not violate the equal protection clause of the Wyoming Constitution or the Fourteenth Amendment to the United States Constitution), overruled on other grounds in *282 Torres v. State ex rel.

2022Equal protection requires that “all persons similarly situated should be treated alike.” Bird v. Wyoming Bd. of Parole, 2016 WY 100, ¶ 6 , 382 P.3d 56, 61 (Wyo. 2016) (quoting City of Cleburne, Tex. v. Cleburne Living Ctr., 473 U.S. 432, 439 , 105 S.Ct. 3249, 3254 , 87 L.Ed.2d 313 (1985)). [¶19] While equal protection may apply, we need not engage in an equal protection analysis here.

2022Equal protection requires that “all persons similarly situated should be treated alike.” Bird v. Wyoming Bd. of Parole, 2016 WY 100, ¶ 6 , 382 P.3d 56, 61 (Wyo. 2016) (quoting City of Cleburne, Tex. v. Cleburne Living Ctr., 473 U.S. 432, 439 , 105 S.Ct. 3249, 3254 , 87 L.Ed.2d 313 (1985)). [¶19] While equal protection may apply, we need not engage in an equal protection analysis here.

2010Div. v. Summers, 987 P.2d 153, 155-56 (Wyo.1999) (holding the OAH erroneously applied the exclusion to a diagnosis given in 1993 before the exclusion was enacted); and Frantz v. Campbell County Memorial Hosp., 932 P.2d 750, 754 (Wyo.1997) (holding the exclusion did not violate the equal protection clause of the Wyoming Constitution or the Fourteenth Amendment to the United States Constitution), overruled on other grounds in Torres v. State ex rel.

2010Div. v. Summers, 987 P.2d 153, 155-56 (Wyo.1999) (holding the OAH erroneously applied the exclusion to a diagnosis given in 1993 before the exclusion was enacted); and Frantz v. Campbell County Memorial Hosp., 932 P.2d 750, 754 (Wyo.1997) (holding the exclusion did not violate the equal protection clause of the Wyoming Constitution or the Fourteenth Amendment to the United States Constitution), overruled on other grounds in *282 Torres v. State ex rel.

2003See Mills, 837 P.2d at 53 ; Hoem, 756 P.2d at 783 ; Nehring, 582 P.2d at 77 . [¶ 88] In Hoem , this Court made it clear that the equal protection violation was found in the disparity in treatment of injured persons, some of whom were required to submit their cases to the medical review panel while others did not encounter that impediment in pursuing their claims.

2003See Mills, 837 P.2d at 53 ; Hoem, 756 P.2d at 783 ; Nehring, 582 P.2d at 77 . [ถ 88] In Hoem , this Court made it clear that the equal protection violation was found in the disparity in treatment of injured persons, some of whom were required to submit their cases to the medical review panel while others did not encounter that impediment in pursuing their claims.

2001Sweetwater County Planning Committee for Organization of School Districts v. Hinkle, 491 P.2d 1234, 1238 (Wyo.1971).

2001Noting that such inequities were unconstitutional, this court stated: If ad valorem taxes for school purposes were equalized throughout the state, as required by Art. 1, § 28, Wyoming Constitution, and by the equal protection clause of the Fourteenth Amendment to the United States Constitution, cases such as the one being dealt with would not arise. 491 P.2d at 1286-37 (footnote omitted). [¶5] As long ago as Hinkle, this court reluctantly made suggestions to the legislature of ways in which the constitutional problems could be addressed by a statewide financing system.

1996Smith v. Board of County Com'rs of County of Sublette, 891 P.2d 88, 91 (Wyo.1995) ( quoting Kautza v. City of Cody, 812 P.2d 143, 147 (Wyo.1991)).

1996Smith v. Board of County Com’rs of County of Sublette, 891 P.2d 88, 91 (Wyo.1995) (quoting Kautza v. City of Cody, 812 P.2d 143, 147 (Wyo.1991)).

2025Id. [¶141] Litigants advancing an equal protection challenge can demonstrate a statute creates a suspect legislative classification using at least three different methods.

1992This line of reasoning flows into the second prong of the equal protection analysis, which is: "[W]hat is the public purpose that is being served by the law?" Johnson , at 166.

2003Nehring v. Russell, 582 P.2d 67 (Wyo.1978) (holding state automobile guest statute violated the state equal protection provision by distinguishing between paying and nonpaying guest passengers respecting their right to sue for injuries sustained as a result of the driver’s negligence); Phillips, 611 P.2d 821 (holding ten-year limitation violated the equal protection guarantee because it immunized certain defendants from liability arising from their involvement in real property improvements); Hoem, 756 P.2d 780 (finding Wyoming Medical Review Panel Act was unconstitutional because it violated t

2003Nehring v. Russell, 582 P.2d 67 (Wyo.1978) (holding state automobile guest statute violated the state equal protection provision by distinguishing between paying and nonpaying guest passengers respecting their right to sue for injuries sustained as a result of the driver's negligence); Phillips, 611 P.2d 821 (holding ten-year limitation violated the equal protection guarantee because it immunized certain defendants from liability arising from their involvement in real property improvements); Hoem, 756 P.2d 780 (finding Wyoming Medical Review Panel Act was unconstitutional because it violated t

2025See Ellett v. State, 883 P.2d 940, 944 (Wyo. 1994) (recognizing an equal protection violation begins with “a statute or a government action” which “creates an inherently suspect classification.”) (quoting White v. State, 784 P.2d 1313, 1315 (Wyo. 1989) (internal brackets omitted)).

2001Ellett, 883 P.2d at 944 .

2022No. 1 v. Herschler, 606 P.2d 310, 332 (Wyo. 1980)) (other citations omitted). 3 statutes, rules, or regulations which unreasonably burden or restrict this movement.” In Shapiro, the court recognized the right to interstate travel (and relocation) as a fundamental right under the equal protection clause.

2022Id., 394 U.S. at 628-30, 638 , 89 S.Ct. at 1328-29, 1333 .

2022Id. [¶13] Once a court determines the classes are similarly situated, the next step in an equal protection analysis is to determine whether the legislature was justified in treating them differently.

2016Reiter v. State, 2001 WY 116, ¶ 26 , 36 P.3d 586, 594 (Wyo. 2001).

2022The foundational principles of rational-basis review in federal equal protection analysis are not significantly different from “those used in this Court’s equal protection analysis from the early days of statehood to the present.” Greenwalt, ¶ 39, 71 P.3d at 730–31. [¶15] The bedrock principles of equal protection were set forth in Greenwalt: 1.

2010See Greenwalt v. Ram Restawrant Corp., 2003 WY 77, ¶¶ 38-46 , 71 P.3d 717 , 729-733-34 (Wyo.2003).

2003Wyoming Association of Consulting Engineers and Land Surveyors v. Sullivan, 798 P.2d 826 (Wyo.1990) (finding Wyoming Professional Review Panel Act violated the equal protection guarantees of the Wyoming Constitution); Johnson, 838 P.2d 158 (finding statute providing for loss of driver’s license based on age was unconstitutional special legislation lacking rational differentiation and violating the equal protection guarantees); Allhusen, 898 P.2d 878 (holding certain licen-sure provisions violated the equal protection guarantees by affording disparate treatment of unlicensed counselors employed

2003Wyoming Association of Consulting Engineers and Land Surveyors v. Sullivan, 798 P.2d 826 (Wyo.1990) (finding Wyoming Professional Review Panel Act violated the equal protection guarantees of the Wyoming Constitution); Johnson, 838 P.2d 158 (finding statute providing for loss of driver's license based on age was unconstitutional special legislation lacking rational differentiation and violating the equal protection guarantees); Allhusen, 898 P.2d 878 (holding certain licensure provisions violated the equal protection guarantees by affording disparate treatment *746 of unlicensed counselors empl

1979Heather represented a distinct change of philosophy of this court for it was necessary therein specifically to set aside the former decision of In re Dragoni, 53 Wyo. 143, 156 , 79 P.2d 465, 468 (1938), where the word “children” as used in the worker’s compensation act had been construed to be limited to “legitimate children.” Heather carefully *184 considers the federal decisions, the philosophy for change and concludes that such a distinction between children “ * * * establishes a discriminatory classification which is justified by no legitimate state interest and violates the equal protecti

1979Heather represented a distinct change of philosophy of this court for it was necessary therein specifically to set aside the former decision of In re Dragoni, 53 Wyo. 143, 156 , 79 P.2d 465, 468 (1938), where the word “children” as used in the worker’s compensation act had been construed to be limited to “legitimate children.” Heather carefully *184 considers the federal decisions, the philosophy for change and concludes that such a distinction between children “ * * * establishes a discriminatory classification which is justified by no legitimate state interest and violates the equal protecti

2025See State v. Laude, 654 P.2d 1223, 1226 (Wyo. 1982) (identifying laws that create facial classifications; showing laws are impermissibly applied against identifiable classes of people; and demonstrating a law is used as a device designed to impose different burdens on different classes of people).

2025See Ellett v. State, 883 P.2d 940, 944 (Wyo. 1994) (recognizing an equal protection violation begins with “a statute or a government action” which “creates an inherently suspect classification.”) (quoting White v. State, 784 P.2d 1313, 1315 (Wyo. 1989) (internal brackets omitted)).