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.
No comments:
Post a Comment