johnwk said:
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“One such test was the "rationality" test under which a law being challenged had to withstand the court’s judgment that the law in question was "rationally based" or "reasonable" to survive the court‘s review. Of course, this allows the court to switch the subject from what is and what is not constitutional, to an arbitrarily answered question having nothing to do with whether or not a law is in harmony with the legislative intent of our Constitution.”
Incorrect.
In order to pass Constitutional muster, in order for a law seeking to deny or restrict citizens' civil liberties to be valid, that law must not only be rationally based, but it must also be supported by objective, documented evidence in support of the denial or restriction of a civil right pursuant to a proper legislative end (see, e.g.,
Romer v. Evans (1996)).
Consequently, there is nothing 'arbitrarily' about a given level of judicial review, including a rational basis test. Indeed, as opposed to intermediate scrutiny and strict scrutiny, a rational basis review is the most lenient test, setting a very low standard of constitutionality where the law under review will likely be upheld.
With regard to the
Marriage Cases, therefore, measures seeking to deny same-sex couples their right to equal protection of the law and to access that marriage law they're eligible to participate in, the courts correctly and appropriately invalidated those measures because they lacked a rational basis, were devoid of objective, documented evidence in support of denying same-sex couples their right to equal protection of the law, and pursued no proper legislative end. These measures sought to disadvantage gay Americans based solely on who they were and to “classif[y] homosexuals not to further a proper legislative end but to make them unequal to everyone else. This [the states] cannot do. A State cannot so deem a class of persons a stranger to its laws.”
Ibid.
johnwk said:
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“These "tests" began to appear and gain a foothold during the Warren Court of the l960’s.”
Also incorrect.
The rational basis test dates back to the end of the 19th Century, where the doctrine has been accepted and settled for over 100 years (see:
Gulf, Colorado & Santa Fe Ry. Co. v. Ellis (1897)). Consequently attempts by dishonest conservatives to present the doctrine as some 'recent legal fabrication' is a lie, compounding the contempt most on the right have for the rights of other citizens, the Constitution, its case law, and the rule of law.