Equal Protection Analysis: Classification found in statute: - Strict Scrutiny – Classification based on: o Race o Alienage o National origin Narrowly tailored To achieve a compelling state interest - Intermediate Scrutiny – Classification based on: o Gender Served important government interest Substantially related to achieving the important government objective - Rational Basis – Classification based on: o Age o Wealth o Mental Capacity o Sexual Orientation o Ownership o Legitimacy o Any other classification: Rational related to Achieve a legitimate state interest Exception to rational basis that will allow standard to jump back to strict scrutiny: - Must show o Discriminatory intent Evidence of intent: State departs from primary procedure Depart from criteria Legislative history o Discriminatory impact - Then o If prove 1 and 2, then burden shifts to state to show clear and convincing evidence that same result would have happened absent the discrimination. If state fails then apply strict scrutiny.