challenged classification may survive rational- basis review “even if the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous”
How later courts described this case
- challenged classification may survive rational- basis review “even if the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous”
- “It could be that the assumptions underlying these rationales are erroneous, but the very fact that they are arguable is sufficient, on rational- basis review, to immunize the legislative choice from constitutional challenge.”
Written by the judges who cited it.
The opinion
MARCUS, Circuit Judge,
Dissenting from the Denial of Rehearing En Banc in which TJOFLAT and WILSON, Circuit Judges, join:
I believe there is a serious and substantial question whether Florida can constitutionally declare all homosexuals ineligible to adopt while, at the same time, allowing them to become permanent foster parents, and not categorically barring any other groups such as convicted felons or drug addicts from adopting. There is undeniably an important question whether this statutory scheme meets a minimal standard of rational basis review. Accordingly, I dissent from the denial of rehearing en banc.