A State . . . has no obligation to produce evidence to sustain the rationality of a statutory classification. “[A] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data.” A statute is presumed constitutional, , and “[t]he burden is on the one attacking the legislative arrangement to negative every conceivable basis which might support it,” whether or not the basis has a foundation in the record. Finally, courts are compelled under rational-basis review to accept a legislature’s generalizations even when there is an imperfect fit between means and ends. A classification does not fail rational-basis review because it “ ‘is not made with mathematical nicety or because in practice it results in some inequality.’ “The problems of government are practical ones and may justify, if they do not require, rough accommodations-illogical, it may be, and unscientific.”
So, if anyone can come up with any argument anywhere that could conceivably relate a ban on same-sex marriage to a government interest, and that connection cannot be disproved, the rational basis test is passed, even with no evidence supporting the argument. I expect some amicus curiae brief to spam enough arguments on an appeal of Judge Walker's decision that at least one of them passes this very loose standard.
If Walker is upheld on his rational basis ruling, it would seem to require a tightening of the "rational basis" standard beyond how Justice Kennedy presented it in 1993. I don't think Justice Kennedy will go that far, when there are tougher standards he can apply, but he might. If he does, that would then change a lot of other law, with consequences that are not easy to foresee.
no subject
From Heller v. Doe, 1993:
So, if anyone can come up with any argument anywhere that could conceivably relate a ban on same-sex marriage to a government interest, and that connection cannot be disproved, the rational basis test is passed, even with no evidence supporting the argument. I expect some amicus curiae brief to spam enough arguments on an appeal of Judge Walker's decision that at least one of them passes this very loose standard.
If Walker is upheld on his rational basis ruling, it would seem to require a tightening of the "rational basis" standard beyond how Justice Kennedy presented it in 1993. I don't think Justice Kennedy will go that far, when there are tougher standards he can apply, but he might. If he does, that would then change a lot of other law, with consequences that are not easy to foresee.