discussing import of rational-basis test under Article I, section 20
How later courts described this case
- discussing import of rational-basis test under Article I, section 20
- parties’ contentions that Supreme Court case law is in error must be addressed to the Supreme Court, not this court
Written by the judges who cited it.
The opinion
ARMSTRONG, J.,
concurring.
I concur in the majority’s decision, which uses a rational basis analysis derived from decisions under the Fourteenth Amendment to address the final issue raised by plaintiff’s appeal. That issue is whether a distinction made between true classes regarding an immunity from tort liability violates Article I, section 20, of the Oregon Constitution. I write separately to suggest that we may need to refine that analysis to reflect the distinctive nature of Article I, section 20.
The people adopted Article I, section 20, to prohibit the state from choosing to prefer some people or classes of people over others. When a law treats a suspect class of people differently with regard to a privilege or an immunity, we subject the law to heightened scrutiny because we suspect that the difference in treatment reflects a policy choice to prefer the favored class of people over the disfavored class. We look at arguable reasons for the difference in treatment to *105 determine whether our suspicion of impermissible favoritism is unfounded. The reasons for the difference in treatment are important only to the extent that they help us determine whether the legislature enacted the law for the impermissible reason of favoring one class of people over another.
When the affected classes are not suspect classes, our evaluation of the reasons for the difference in treatment between classes is less exacting because we do not suspect that the reasons include the impermissible reason of favoring one class of people over another. In that setting, the rational basis test could help us resolve the issue, as long as we do not lose sight of the underlying issue that the test is designed to help us resolve. If we can identify a rational basis for the difference in treatment other than the desire to favor one class over another, we may be satisfied that the legislature complied with Article I, section 20, in enacting the legislation. That may be an acceptable way to address the issue, so long as we recognize that the test does not impose an independent requirement that legislation be rational in order to be constitutional. However, our identification of a rational basis for an enactment other than the desire to favor one or more people or a class of people might not be determinative in the face of contrary information.
I am satisfied that the legislature did not enact the exemption in ORS 30.265 out of a desire to favor government employees over other classes of people, so I agree with the majoritys decision to reject plaintiffs contention that the exemption violates Article I, section 20.