The Cleburne Living Center, Inc. v. City of Cleburne court faced the issue with a well-reasoned and carefully structured opinion. The court explored the indicia of suspectness promulgated by the Supreme Court in various opinions, and held that the mentally retarded share sufficient indicia of a suspect class to be accorded quasi-suspect status; therefore, intermediate scrutiny is the proper level of scrutiny to employ when examining the constitutionality of a statute. The largest part of the court's opinion dealt with the analysis of whether the discriminatory classification bore a substantial relationship to an important governmental objective - the required test under intermediate scrutiny. The court found that the City of Cleburne could not meet this test.
Skinner, Annette E.
"Expanding the Quasi Suspect Class to Include Mentally Retarded Persons: Cleburne Living Center, Inc. v. City of Cleburne,"
Akron Law Review: Vol. 18
, Article 5.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol18/iss1/5