Sunday, September 16, 2012

Belle Terre v. Boraas case brief

 Case: Belle Terre v. Boraas (US 1974).

1. Facts: 6 SUNY Stony Brook students, living in a group house in Belle Terre, challenge the city's zoning ordinance, which states that; if people are related, an unlimited number of them can live together on a property; if people are unrelated; then only 2 can live together.

2. Held:

a. Sup. Ct. upholds the law.

b. The law doesn't evidence an obvious prejudice against unrelated persons as up to 2 can live together.

c. Applied traditional rational, relationship test; eg. The ct. assumes the law is valid & P must overcome that presumption.

3. Justice Marshall's dissent:

a. The classification violates a fundamental right; the right to privacy & freedom of association; therefore, he would apply strict scrutiny.

b. The 1st A. protects the students right to assembly, which the state is now violating.

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