Keasling Ex Rel. Keasling v. Thompson

I join the majority opinion, but I wish to add some further observations concerning my reasons for doing so.

First, I take it as agreed between proponents and opponents of the guest statute that so-called “traditional” equal protection standards, rather than the “strict” rules applied in the few “suspect classification” or “fundamental interest” cases, determine this controversy. See Brown v. Merlo, 8 Cal.3d 855, 106 Cal.Rptr. 388, 506 P.2d 212.

This is consistent with the retreat from what was once assumed to be an expansion of strict construction principles into new and hitherto untried…