Legal Question in Constitutional Law in California

equal protection

if a state enacts a state law which infringes upon a fundamental right enumerated by the bill of rights, and one which residents of the other 49 states enjoy, may a resident of the state file an equal protection cause of action by claiming that the state law classifies persons in terms of their ability to exercise a fundamental right by nature of their residency?


Asked on 7/25/07, 2:53 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: equal protection

You can file such an action, but I don't see how you could win.

With few excepttions (such as taxation and licensing statutes), state laws apply to anyone within the state's boundaries, regardless of their residency, but do not apply to residents of the state when they are traveling elsewhere. When I was in New York a few weeks ago I was subject to New York laws even though I am a resident of California. At the same time, I was not subject to California law. Had I done something that New York allows but California forbids, I would not have broken any laws.

The fact that a state's laws apply only to people within its jurisdiction does not mean the state is discriminating against those people. Indeed, since states have no power to pass laws that apply to all Americans, your approach would invalidate all state laws.

This does not mean you're out of luck. If the state law infringes upon a right guaranteed by the U.S. Constitution then it can be successfully challenged on that basis, so there is no need for an equal protection challenge.

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Answered on 7/25/07, 12:27 pm


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