Legal Opinion · Dissent

Curtis v. Kline

Supreme Court of Pennsylvania

Decided October 10, 1995Published

1DissentMontemuro, Justice

I must dissent.

As the Majority correctly points out, the rational basis test to determine whether a statute is constitutional requires, first, a determination of whether the challenged legislation seeks to promote any legitimate state interest. It must then be decided whether the statute bears a reasonable relationship to the *261intended objective. Commonwealth v. Parker White Metal Company, 512 Pa. 74, 515 A.2d 1358 (1986). However, “the Constitution does not require situations ‘which are different in fact or opinion to be treated in law as though they were the same.’ ” Wells v. Civil Service…

2Cases cited15 opinions

  1. Wisconsin v. YoderSupreme Court of the United States · 1972
  2. Meyer v. NebraskaSupreme Court of the United States · 1923
  3. Pierce v. Society of SistersSupreme Court of the United States · 1925
  4. Frontiero v. RichardsonSupreme Court of the United States · 1973
  5. Goesaert v. ClearySupreme Court of the United States · 1948

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