cleburne cleburne living center argued march decided july respondent cleburne living center clc anticipated leasing certain building operation group home mentally retarded informed petitioner city special use permit required city concluded proposed group home classified hospital feebleminded zoning ordinance covering area proposed home located accordingly clc applied special use permit city council public hearing denied permit clc others also respondents filed suit city number officials alleging zoning ordinance face applied violated equal protection rights clc potential residents district held ordinance application constitutional appeals reversed holding mental retardation classification applicable equal protection test ordinance facially invalid substantially important governmental purpose ordinance also invalid applied held appeals erred holding mental retardation classification calling exacting standard judicial review normally accorded economic social legislation pp individuals group affected statute distinguishing characteristics relevant interests state authority implement equal protection clause requires classification drawn statute rationally related legitimate state interest social economic legislation issue equal protection clause allows wide latitude pp mentally retarded persons reduced ability cope function everyday world thus different persons interest dealing providing plainly legitimate one distinctive legislative response national state plight mentally retarded demonstrates unique problems also lawmakers addressing difficulties manner belies continuing antipathy prejudice corresponding need intrusive oversight judiciary afforded normal equal protection standard moreover legislative response hardly occurred survived without public support negates claim mentally retarded politically powerless sense ability attract attention lawmakers equal protection standard requiring legislation rationally related legitimate governmental purpose affords government latitude necessary pursue policies designed assist retarded realizing full potential freely efficiently engage activities burden retarded essentially incidental manner pp requiring special use permit proposed group home deprives respondents equal protection laws thus unnecessary decide whether ordinance permit requirement facially invalid mentally retarded involved although mentally retarded group different occupy facilities boarding houses hospitals permitted zoning area question without special permit difference irrelevant unless proposed group home threaten city legitimate interests way permitted uses record reveal rational basis believing proposed group home pose special threat city legitimate interests requiring permit case appears rest irrational prejudice mentally retarded including occupy proposed group home live closely supervised highly regulated conditions expressly provided state federal law pp white delivered opinion burger powell rehnquist stevens joined stevens filed concurring opinion burger joined post marshall filed opinion concurring judgment part dissenting part brennan blackmun joined post earl luna reargued cause petitioners briefs robert miller mary milford renea hicks reargued cause respondents brief diane shisk caryl oberman solicitor general lee assistant attorney general reynolds deputy solicitor general fried deputy assistant attorney general cooper walter barnett filed brief amicus curiae urging reversal briefs amici curiae urging affirmance filed state connecticut et al joseph lieberman attorney general connecticut elliot gerson deputy attorney general henry cohn assistant attorney general john steven clark attorney general arkansas john van de kamp attorney general california duane woodard attorney general colorado neil hartigan attorney general illinois jill solicitor general robert connor special assistant attorney general william guste attorney general louisiana robert barnett assistant attorney general nicholas spaeth attorney general north dakota arlene violet attorney general rhode island michael cody attorney general tennessee charles brown attorney general west virginia state maryland stephen sachs attorney general dennis sweeney deputy attorney general judith sykes assistant attorney general state pennsylvania et al leroy zimmerman attorney general pennsylvania allen warshaw chief deputy attorney general andrew gordon senior deputy attorney general attorneys general respective follows thomas miller iowa frank kelley michigan hubert humphrey iii minnesota stephen merrill new hampshire irwin kimmelman new jersey anthony celebrezze ohio bronson la follette wisconsin state texas et al jim mattox attorney general texas david richards patrick wiseman james todd philip durst assistant attorneys general american association mental deficiency et al james ellis ruth luckasson stanley herr donald bersoff american civil liberties union foundation et al burt neuborne charles sims robert levy paul hoffman stanley fleishman joseph lawrence james preis james harrington association retarded et al thomas gilhool frank laski michael churchill timothy cook disability rights education defense fund arlene brynne mayerson disabled peoples international human rights advocates karen parker national conference catholic charities et al lewis golinker herbert semmel kathleen surgalla elliott atkinson filed brief federation greater baton rouge civic associations amicus curiae justice white delivered opinion texas city denied special use permit operation group home mentally retarded acting pursuant municipal zoning ordinance requiring permits homes appeals fifth circuit held mental retardation classification ordinance violated equal protection clause substantially important governmental purpose hold lesser standard scrutiny appropriate conclude standard ordinance invalid applied case july respondent jan hannah purchased building featherston street city cleburne texas intention leasing cleburne living center clc operation group home mentally retarded anticipated home house retarded men women constant supervision clc staff members house four bedrooms two baths half bath added clc planned comply applicable state federal regulations city informed clc special use permit required operation group home site clc accordingly submitted permit application response subsequent inquiry clc city explained zoning regulations applicable site special use permit renewable annually required construction ospitals insane alcoholic sic drug addicts penal correctional institutions city determined proposed group home classified hospital holding public hearing clc application city council voted deny special use permit clc filed suit federal district city number officials alleging inter alia zoning ordinance invalid face applied discriminated mentally retarded violation equal protection rights clc potential residents district found potential residents featherston street home mentally retarded home respects use permitted city zoning ordinance city council decision motivated primarily fact residents home persons mentally retarded app even district held ordinance application constitutional concluding fundamental right implicated mental retardation neither suspect classification employed minimum level judicial scrutiny applicable equal protection claims deemed ordinance written applied rationally related city legitimate interests legal responsibility clc residents safety fears residents adjoining neighborhood number people housed home appeals fifth circuit reversed determining mental retardation classification assess validity ordinance scrutiny mental retardation fact relevant many legislative actions strict scrutiny appropriate light history unfair often grotesque mistreatment retarded discrimination likely reflect prejudice addition mentally retarded lacked political power condition immutable considered heightened scrutiny particularly appropriate case city ordinance withheld benefit although fundamental important mentally retarded without group homes stated retarded never hope integrate community applying test considered appropriate held ordinance invalid face substantially important governmental interests appeals went hold ordinance also invalid applied rehearing en banc denied six judges dissenting opinion urging en banc consideration panel adoption heightened standard review granted certiorari ii equal protection clause fourteenth amendment commands state shall deny person within jurisdiction equal protection laws essentially direction persons similarly situated treated alike plyler doe section amendment empowers congress enforce mandate absent controlling congressional direction courts devised standards determining validity state legislation official action challenged denying equal protection general rule legislation presumed valid sustained classification drawn statute rationally related legitimate state interest schweiker wilson railroad retirement board fritz vance bradley new orleans dukes social economic legislation issue equal protection clause allows wide latitude railroad retirement board fritz supra new orleans dukes supra constitution presumes even improvident decisions eventually rectified democratic processes general rule gives way however statute classifies race alienage national origin factors seldom relevant achievement legitimate state interest laws grounded considerations deemed reflect prejudice antipathy view burdened class worthy deserving others reasons discrimination unlikely soon rectified legislative means laws subjected strict scrutiny sustained suitably tailored serve compelling state interest mclaughlin florida graham richardson similar oversight courts due state laws impinge personal rights protected constitution kramer union free school district shapiro thompson skinner oklahoma ex rel williamson legislative classifications based gender also call heightened standard review factor generally provides sensible ground differential treatment hat differentiates sex nonsuspect statutes intelligence physical disability sex characteristic frequently bears relation ability perform contribute society frontiero richardson plurality opinion rather resting meaningful considerations statutes distributing benefits burdens sexes different ways likely reflect outmoded notions relative capabilities men women gender classification fails unless substantially related sufficiently important governmental interest mississippi university women hogan craig boren illegitimacy beyond individual control bears relation individual ability participate contribute society mathews lucas official discriminations resting characteristic also subject somewhat heightened review restrictions survive equal protection scrutiny extent substantially related legitimate state interest mills habluetzel declined however extend heightened review differential treatment based age treatment aged nation wholly free discrimination persons unlike say discriminated basis race national origin experienced history purposeful unequal treatment subjected unique disabilities basis characteristics truly indicative abilities massachusetts board retirement murgia iii background conclude several reasons appeals erred holding mental retardation classification calling exacting standard judicial review normally accorded economic social legislation first undeniable argued otherwise mentally retarded reduced ability cope function everyday world cut pattern testimony record indicates range whose disability immediately evident must constantly cared thus different immutably relevant respects interest dealing providing plainly legitimate one large diversified group treated law difficult often technical matter much task legislators guided qualified professionals perhaps opinions judiciary heightened scrutiny inevitably involves substantive judgments legislative decisions doubt predicate judicial oversight present classification deals mental retardation second distinctive legislative response national state plight mentally retarded demonstrates unique problems also lawmakers addressing difficulties manner belies continuing antipathy prejudice corresponding need intrusive oversight judiciary thus federal government outlawed discrimination mentally retarded federally funded programs see rehabilitation act also provided retarded right receive appropriate treatment services habilitation setting least restrictive personal liberty developmental disabilities assistance bill rights act addition government conditioned federal education funds state assurance retarded children enjoy education maximum extent appropriate integrated nonmentally retarded children education handicapped act government also facilitated hiring mentally retarded federal civil service exempting requirement competitive examination see cfr state texas similarly enacted legislation acknowledges special status mentally retarded conferring certain rights upon right live least restrictive setting appropriate individual needs abilities including right live group home mentally retarded persons act tex rev civ stat art vernon supp legislation thus singling retarded special treatment reflects real undeniable differences retarded others civilized decent society expects approves legislation indicates governmental consideration differences vast majority situations legitimate also desirable may clc contends legislation designed benefit rather disadvantage retarded generally withstand examination test heightened scrutiny see brief respondents relevant inquiry however whether heightened scrutiny constitutionally mandated first instance even assuming many laws shown substantially related important governmental purpose merely requiring legislature justify efforts terms may lead refrain acting much recent legislation intended benefit retarded also assumes need measures might perceived disadvantage education handicapped act example requires appropriate education one equal respects education nonretarded children clearly admission class exceeded abilities retarded child appropriate similarly developmental disabilities assistance act texas act give retarded right live least restrictive setting appropriate abilities implicitly assuming need least restrictions imposed others especially given wide variation abilities needs retarded governmental bodies must certain amount flexibility freedom judicial oversight shaping limiting remedial efforts third legislative response hardly occurred survived without public support negates claim mentally retarded politically powerless sense ability attract attention lawmakers minority said powerless assert direct control legislature criterion higher level scrutiny courts much economic social legislation suspect fourth large amorphous class mentally retarded deemed reasons given appeals difficult find principled way distinguish variety groups perhaps immutable disabilities setting others mandate desired legislative responses claim degree prejudice least part public large one need mention respect aging disabled mentally ill infirm reluctant set course decline doubtless continue instances discrimination retarded fact invidious properly subject judicial correction constitutional norms appropriate method reaching instances create new classification subject governmental action based classification searching evaluation rather look likelihood governmental action premised particular classification valid general matter merely specifics case us mental retardation characteristic government may legitimately take account wide range decisions state federal governments recently committed assisting retarded presume given legislative action even one disadvantages retarded individuals rooted considerations constitution tolerate refusal recognize retarded class leave entirely unprotected invidious discrimination withstand equal protection review legislation distinguishes mentally retarded others must rationally related legitimate governmental purpose standard believe affords government latitude necessary pursue policies designed assist retarded realizing full potential freely efficiently engage activities burden retarded essentially incidental manner state may rely classification whose relationship asserted goal attenuated render distinction arbitrary irrational see zobel williams dept agriculture moreno furthermore objectives bare desire harm politically unpopular group legitimate state interests see also zobel supra beyond mentally retarded like others retain substantive constitutional rights addition right treated equally law iv turn issue validity zoning ordinance insofar requires special use permit homes mentally retarded inquire first whether requiring special use permit featherston home circumstances deprives respondents equal protection laws occasion decide whether special use permit provision facially invalid mentally retarded involved put another way whether city may never insist special use permit home mentally retarded zone preferred course adjudication since enables courts avoid making unnecessarily broad constitutional judgments brockett spokane arcades grace naacp button constitutional issue clearly posed city require special use permit zone apartment houses multiple dwellings boarding lodging houses fraternity sorority houses dormitories apartment hotels hospitals sanitariums nursing homes convalescents aged insane feebleminded alcoholics drug addicts private clubs fraternal orders specified uses however insist special permit featherston home district found facility mentally retarded may city require permit facility care facilities freely permitted true already pointed mentally retarded group indeed different others sharing misfortune respect may different occupy facilities permitted zone without special permit difference largely irrelevant unless featherston home occupy threaten legitimate interests city way permitted uses boarding houses hospitals view record reveal rational basis believing featherston home pose special threat city legitimate interests affirm judgment insofar holds ordinance invalid applied case district found city council insistence permit rested several factors first council concerned negative attitude majority property owners located within feet featherston facility well fears elderly residents neighborhood mere negative attitudes fear unsubstantiated factors properly cognizable zoning proceeding permissible bases treating home mentally retarded differently apartment houses multiple dwellings like plain electorate whole whether referendum otherwise order city action violative equal protection clause lucas general assembly colorado city may avoid strictures clause deferring wishes objections fraction body politic private biases may outside reach law law directly indirectly give effect palmore sidoti second council two objections location facility concerned facility across street junior high school feared students might harass occupants featherston home school attended mentally retarded students denying permit based vague undifferentiated fears permitting portion community validate otherwise equal protection violation objection home location located five hundred year flood plain concern possibility flood however hardly based distinction featherston home example nursing homes homes convalescents aged sanitariums hospitals located featherston site without obtaining special use permit may said another concern council doubts legal responsibility actions mentally retarded might take concern legal responsibility respect uses permitted area boarding fraternity houses difficult believe groups mildly moderately mentally retarded individuals live featherston present different special hazard fourth council concerned size home number people occupy district found appeals repeated potential residents featherston street home mentally retarded home respects use permitted city zoning ordinance app given finding restrictions number people occupy home boarding house nursing home family dwelling fraternity house dormitory question whether rational treat mentally retarded differently true suffer disability shared others difference warrants density regulation others need observe apparent least record clarify connection characteristics intended occupants featherston home rationally justify denying occupants permitted groups occupying site different purposes live featherston home type individuals supporting staff satisfy federal state standards group housing community dispute home meet federal requirement facilities type see cfr words appeals city never justifies apparent view people live crowded conditions mentally retarded persons courts city also urged ordinance aimed avoiding concentration population lessening congestion streets concerns obviously fail explain apartment houses fraternity sorority houses hospitals like may freely locate area without permit expressed worry fire hazards serenity neighborhood avoidance danger residents fail rationally justify singling home featherston special use permit yet imposing restrictions many uses freely permitted neighborhood short requiring permit case appears us rest irrational prejudice mentally retarded including occupy featherston facility live closely supervised highly regulated conditions expressly provided state federal law judgment appeals affirmed insofar invalidates zoning ordinance applied featherston home judgment otherwise vacated case remanded ordered footnotes anticipated home operated private level intermediate care facility mentally retarded program providing joint reimbursement residential services mentally retarded clients see tex human resources code ann et seq supp covered extensive regulations guidelines established department health human services texas departments human resources mental health mental retardation health see app see also cfr et seq tex code et seq site home area zoned apartment house district app section cleburne zoning ordinance pertinent part allows following uses district use permitted district apartment houses multiple dwellings boarding lodging houses fraternity sorority houses dormitories apartment hotels hospitals sanitariums nursing homes homes convalescents aged insane alcoholics drug addicts private clubs fraternal orders except whose chief activity carried business philanthropic eleemosynary institutions penal institutions accessory uses customarily incident uses emphasis added section ordinance specifies uses special use permit required include ospitals insane alcoholic sic drug addicts penal correctional institutions section provides permit use may issued governing body public hearing recommendation planning commission special use permits limited one year applicant required obtain signatures property owners within two hundred feet property used ibid city planning zoning commission earlier held hearing voted deny permit district also rejected clc claims including argument city violated due process improperly delegating zoning powers owners adjoining property app cf washington ex rel seattle title trust roberge appeals address argument raised parties district found group homes currently principal community living alternatives persons mentally retarded availability home communities essential ingredient normal living patterns persons mentally retarded factor makes group homes harder establish operates exclude persons mentally retarded community app city relied recently passed state regulation limiting group homes residents support argument clc home overcrowded appeals observed city failed justify apparent view group people live allegedly crowded conditions explained acceptable clc concedes qualify certification new texas regulation tr oral rearg appeals stated new regulation applied applications made may therefore apply clc home regulation contains grandfather clause see app district made specific finding point see however state asserted amici brief filed six bed rule pose obstacle proposed featherston street group home issue case brief state texas et al amici curiae requirement apply home serious possibility clc longer interested injunctive relief david southern officer clc testified break even facility type least ten eleven residents app however clc requested damages well injunction see case moot oral argument city brought attention recent enactment texas statute effective september providing family homes permitted uses residential zones districts state statute defines family home residence housing six disabled persons including mentally retarded along two supervisory personnel statute appear affect city actions regard group homes plan house six residents enactment legislation therefore affect disposition case macon assn retarded citizens county planning zoning dism want substantial federal question controlling effect case macon assn retarded citizens involved ordinance effect excluding group home retarded restricted dwelling units occupied single family defined four unrelated persons village belle terre boraas upheld constitutionality similar ordinance georgia macon assn specifically held ordinance discriminate retarded mentally retarded individuals fall four distinct categories vast majority approximately classified mildly retarded meaning iq approximately moderately retarded iqs remaining two categories severe iqs profound iqs last two categories together account mentally retarded population app testimony philip roos mental retardation defined reference intelligence iq alone however american association mental deficiency aamd defined mental retardation significantly subaverage general intellectual functioning existing concurrently deficits adaptive behavior manifested developmental period brief aamd et al amici curiae quoting aamd classification mental retardation grossman ed deficits adaptive behavior limitations general ability meet standards maturation learning personal independence social responsibility expected individual age level cultural group brief aamd et al amici curiae mental retardation caused variety factors genetic environmental unknown dean ely observed surely one feel sorry person disabled something ca anything aware reason suppose elected officials unusually unlikely share feeling moreover classifications based physical disability intelligence typically accepted legitimate even judges commentators assert immutability relevant explanation one given characteristics unlike one commentator trying render suspect often relevant legitimate purposes point much left immutability theory ely democracy distrust omitted see also clc originally sought relief act voluntarily dismissed pendent state claim district indicated presence might make abstention appropriate act never construed texas courts app number passed legislation prohibiting zoning excludes retarded see cal health safety code ann et seq west supp stat supp cent code supp laws see also md health code ann supp act specifically included mentally retarded definition handicapped see also recognizes great variations within classification retarded children act requires school authorities devise individualized educational program tailored unique needs handicapped child hendrick hudson district board education rowley developmental disabilities assistance act also withholds public funds program prohibit use physical restraint unless absolutely necessary goes without saying nothing us respect validity requiring special use permit uses listed ordinance see supra justice stevens chief justice joins concurring appeals disposed case critical question decided three clearly defined standards equal protection review applied legislative classification discriminating mentally retarded fact cases delineated three even one two standards rather cases reflect continuum judgmental responses differing classifications explained opinions terms ranging strict scrutiny one extreme rational basis never persuaded standards adequately explain decisional process cases involving classifications based alienage illegal residency illegitimacy gender age case mental retardation fit well sharply defined classifications inclined believe become known tiered analysis equal protection claims describe completely logical method deciding cases rather method employed explain decisions actually apply single standard reasonably consistent fashion craig boren stevens concurring approach cases always asked whether find rational basis classification issue term rational course includes requirement impartial lawmaker logically believe classification serve legitimate public purpose transcends harm members disadvantaged class thus word rational least includes elements legitimacy neutrality must always characterize performance sovereign duty govern impartially every equal protection case ask certain basic questions class harmed legislation subjected tradition disfavor laws public purpose served law characteristic disadvantaged class justifies disparate treatment cases answer questions tell us whether statute rational basis answers result virtually automatic invalidation racial classifications validation economic classifications provide differing results cases involving classifications based alienage gender illegitimacy apply intermediate standard review cases rather characteristics groups sometimes relevant sometimes irrelevant valid public purpose specifically purpose challenged laws purportedly intended serve every law places mentally retarded special class presumptively irrational differences mentally retarded persons greater mental capacity obviously relevant certain legislative decisions impartial lawmaker indeed even member class persons defined mentally retarded rationally vote favor law providing funds special education special treatment mentally retarded mentally retarded person also recognize member class might need special supervision situations protect protect others restrictions right drive cars operate hazardous equipment might well seem rational even though deprived employment opportunities kind freedom travel enjoyed citizens civilized decent society expects approves legislation indicates governmental consideration differences vast majority situations legitimate also desirable ante even appeals correctly observed ignorance prejudice mentally retarded subjected history unfair often grotesque mistreatment discrimination mentally retarded issue case city decision require annual special use permit property apartment house district may used group home persons mildly retarded record convinces permit required irrational fears neighboring property owners rather protection mentally retarded persons reside respondent home although city argued appeals legitimate interests neighbors justified restriction unambiguously rejected argument city argued discrimination really motivated desire protect mentally retarded hazards presented neighborhood zoning ordinances usually justified basis case reasons explained ante find justification wholly unconvincing believe rational member disadvantaged class ever approve discriminatory application city ordinance case accordingly join opinion three standards rationally related legitimate state interest somewhat heightened review strict scrutiny briefly described ante railroad retirement board fritz citing cases applying standard stated arrogant legal scholar claim cases applied uniform consistent test equal protection principles commenting intermediate standard review dissent craig boren justice rehnquist wrote think enough difficulty two standards review cases recognized norm rational basis compelling state interest required suspect classification involved counsel weightily insertion still another standard two divine objectives important determine whether particular law substantially related achievement objective rather related way achievement phrases used diaphanous elastic invite subjective judicial preferences prejudices relating particular types legislation masquerading judgments whether legislation directed important objectives whether relationship objectives substantial enough cf san antonio independent school district rodriguez marshall dissenting joined douglas criticizing rigidified approach equal protection analysis therefore believe must discover correlation classification either actual purpose statute legitimate purpose may reasonably presume motivated impartial legislature adverse impact disfavored class apparent aim legislature impartiality suspect however adverse impact may reasonably viewed acceptable cost achieving larger goal impartial lawmaker rationally decide cost incurred railroad retirement board fritz stevens concurring judgment see lehr robertson hampton mow sun wong must especially vigilant evaluating rationality classification involving group subjected tradition disfavor traditional classification likely used without pausing consider justification newly created classification habit rather analysis makes seem acceptable natural distinguish male female alien citizen legitimate illegitimate much history inertia distinguishing black white sort stereotyped reaction may rational relationship pure prejudicial discrimination stated purpose classification made mathews lucas stevens dissenting see also new york transit authority beazer see foley connelie stevens dissenting see mathews diaz compare sugarman dougall griffiths ambach norwick foley connelie compare reed reed califano goldfarb personnel administrator mass feeney heckler mathews compare lalli lalli trimble gordon see michael superior sonoma county stevens dissenting see also caban mohammed stevens dissenting matter equal protection analysis perfectly obvious time immediately child born wedlock differences men women justify differential treatment mother father adoption process fact ordinance provides applicant special use permit shall required obtain signatures property owners within two hundred feet property used app justice marshall justice brennan justice blackmun join concurring judgment part dissenting part holds retarded individuals grouped together feebleminded deemed presumptively unfit live community underlying holding principle mental retardation per se proxy depriving retarded people rights interests without regard variations individual ability holding principle agree equal protection clause requires attention capacities needs retarded people individuals outset two curious paradoxical aspects opinion must noted first invalidates cleburne zoning ordinance grounds discussion heightened scrutiny wholly superfluous decision case two price one approach constitutional decisionmaking rendering two constitutional rulings one enough decide case stands head traditional deeply embedded principles governing exercise article iii power weeks ago call ed mind two cardinal rules governing federal courts one never anticipate question constitutional law advance necessity deciding never formulate rule constitutional law broader required precise facts applied brockett spokane arcades white quoting liverpool new york philadelphia commissioners emigration lower correctly decides case albeit concludes unnecessary constitutional grounds usual custom compound problem following suit rather affirm narrower dispositive ground available alexander louisiana offers principled justification departing principles given equal protection precedents see mississippi university women hogan declining address strict scrutiny heightened scrutiny sufficient invalidate action challenged stanton stanton hooper bernalillo county assessor declining reach heightened scrutiny review classifications fail test zobel williams cf mitchell forsyth concurring part second discussion even puzzling given cleburne ordinance invalidated subjected precisely sort probing inquiry associated heightened scrutiny sure label handiwork heightened scrutiny perhaps method employed must hereafter called second order review rather heightened scrutiny however labeled test invoked today assuredly test williamson lee optical oklahoma allied stores ohio bowers progeny example concludes legitimate concerns fire hazards serenity neighborhood justify singling respondents bear burdens concerns analogous permitted uses appear pose similar threats yet traditional minimal version test reform may take one step time addressing phase problem seems acute legislative mind williamson lee optical oklahoma supra see american federation labor american sash semler dental examiners record said support ordinance classifications ante traditional standard sift record determine whether policy decisions squarely supported firm factual foundation exxon eagerton minnesota clover leaf creamery firemen chicago finally finds difficult believe retarded present different special hazards inapplicable groups normal circumstances burden legislature convince lines drawn sensible legislation presumptively constitutional state required resort close distinctions maintain precise scientific uniformity reference goals allied stores ohio bowers supra see new orleans dukes metropolis theatre city chicago share criticisms overly broad lines cleburne zoning ordinance drawn ordinance invalidated imprecise classifications must pursuant powerful scrutiny minimal test used review classifications affecting economic commercial matters imprecision similar ordinance required opticians optometrists licensed practice see williamson lee optical oklahoma supra excluded new old businesses parts community see new orleans dukes supra hardly fatal statutory scheme refusal acknowledge something minimum rationality review work view unfortunate least two respects suggestion traditional test allows sort searching inquiry creates precedent lower courts subject economic commercial classifications similar searching ordinary review small regrettable step back toward days lochner new york moreover failing articulate factors justify today second order review provides principled foundation determining searching inquiry invoked lower courts thus left dark important question remains unaccountable decisions employing refusing employ particularly searching scrutiny candor requires acknowledge particular factors justify invalidating cleburne zoning ordinance careful scrutiny today receives ii long believed level scrutiny employed equal protection case vary constitutional societal importance interest adversely affected recognized invidiousness basis upon particular classification drawn san antonio independent school district rodriguez marshall dissenting see also plyler doe marshall concurring dandridge williams marshall dissenting zoning ordinance works exclude retarded residential districts community two considerations require ordinance convincingly justified substantially furthering legitimate important purposes plyler supra mississippi university women hogan frontiero richardson mills habluetzel see also buchanan warley first interest retarded establishing group homes substantial right establish home long cherished one fundamental liberties embraced due process clause see meyer nebraska retarded adults right means living together group homes deinstitutionalization progressed group homes become primary means retarded adults enter life community district found matter fact availability home communities essential ingredient normal living patterns persons mentally retarded factor makes group homes harder establish operates exclude persons mentally retarded community app pet cert second mentally retarded subject lengthy tragic history university california regents bakke opinion powell segregation discrimination called grotesque much century mental retardation viewed neither curable dangerous retarded largely left devices latter part century first decades new one however social views retarded underwent radical transformation fueled rising tide social darwinism science eugenics extreme xenophobia years leading medical authorities others began portray feebleminded menace society civilization responsible large degree many social problems regime segregation degradation soon emerged virulence bigotry rivaled indeed paralleled worst excesses jim crow massive custodial institutions built warehouse retarded life aim halt reproduction retarded nearly extinguish race retarded children categorically excluded public schools based false stereotype ineducable purported need protect nonretarded children state laws deemed retarded unfit citizenship segregation accompanied eugenic marriage sterilization laws extinguished retarded one basic civil rights man right marry procreate skinner oklahoma ex rel williamson marriages retarded made continue voidable also often criminal offense purpose limitations frequently applied women age unabashedly eugenic prevent retarded propagating assure end enacted compulsory eugenic sterilization laws landman human sterilization see buck bell holmes cf plessy ferguson bradwell illinois wall bradley concurring judgment prejudice let loose easily cabined see university california regents bakke opinion marshall still categorically disqualified idiots voting without regard individual capacity discretion exclude left hands election officials congress enacted education handicapped act stat amended et door public education opened wide handicapped children hendrick hudson district board education rowley important lengthy continuing isolation retarded perpetuated ignorance irrational fears stereotyping long plagued light importance interest stake history discrimination retarded suffered equal protection clause requires us review distinctions drawn cleburne zoning ordinance appeared taxing statute economic commercial legislation searching scrutiny give restrictions ability retarded establish community group homes leads conclude cleburne vague generalizations classifying drug addicts alcoholics insane excluding elderly ill boarder transient allowed substantial important enough overcome suspicion ordinance rests impermissible assumptions outmoded perhaps invidious stereotypes see plyler doe roberts jaycees mississippi university women hogan mills habluetzel iii effort show cleburne ordinance struck exacting standard normally accorded economic social legislation ante offers several justifications retarded warrant heightened judicial solicitude justifications however find support precedents withstand logical analysis downplays lengthy history purposeful unequal treatment retarded see san antonio independent school district rodriguez pointing recent legislative action said beli continuing antipathy prejudice ante building point similarly concludes retarded politically powerless deserve greater judicial protection ny minority wins political battles loses others ante import conclusions seems discrimination courts may remedy discrimination alone perspicacious enough see society begins recognize certain practices discriminatory part previously stigmatized groups mobilized politically lift stigma refrain approaching practices added skepticism heightened scrutiny courts however sit act social vacuum moral philosophers may debate whether certain inequalities absolute wrongs history makes clear constitutional principles equality like constitutional principles liberty property due process evolve time natural ordering later comes seen artificial invidious constraint human potential freedom compare plessy ferguson bradwell illinois supra bradley concurring judgment brown board education reed reed shifting cultural political social patterns times come make past practices appear inconsistent fundamental principles upon american society rests inconsistency legally cognizable equal protection clause natural evolving standards equality come embodied legislation occurs courts look fact change source guidance evolving principles equality analysis today ignores reached conclusion extended heightened scrutiny gender classifications drew parallel legislative developments support extension ver past decade congress manifested increasing sensitivity classifications citing examples thus congress concluded classifications based upon sex inherently invidious conclusion coequal branch government without significance question presently consideration frontiero richardson retarded negroes women much changed recent years much remains outdated statutes still books irrational fears ignorance traceable prolonged social cultural isolation retarded continue stymie recognition dignity individuality retarded people heightened judicial scrutiny action appearing impose unnecessary barriers retarded required light increasing recognition barriers inconsistent evolving principles equality embedded fourteenth amendment also offers general view heightened scrutiny view focused primarily heightened scrutiny apply opposed apply two principles appear central theory first heightened scrutiny said inapplicable individuals group distinguishing characteristics legislatures properly may take account circumstances ante heightened scrutiny also purportedly inappropriate many legislative classifications affecting group likely valid must says look likelihood governmental action premised particular classification valid general matter merely specifics case us deciding whether apply heightened scrutiny ante first principle sound heightened scrutiny await day people cut cookie mold women hardly alike characteristics heightened scrutiny applies legislatures rarely use gender proxy characteristics permissible distinctions persons must bear reasonable relationship relevant characteristics zobel williams brennan concurring gender per se almost never relevant similarly retarded people reduced capacities areas justify using retardation proxy reduced capacity areas relevant individual variations capacity exist second assertion standard review must fixed reference number classifications characteristic validly relevant similarly flawed certainly assertion logical one characteristic may relevant even many circumstances suggest reason presume relevant circumstances reason suspect sign says men looks different bathroom door courthouse door see bradwell illinois wall precedents belie claim characteristic must virtually always irrelevant warrant heightened scrutiny plyler example held status undocumented alien constitutional irrelevancy therefore declined review strict scrutiny classifications affecting undocumented aliens frontiero stated gender frequently often bears relation legitimate legislative aims deem gender impermissible basis state action circumstances indeed upheld classifications rostker goldberg michael superior sonoma county heightened strict scrutiny considered appropriate areas gender illegitimacy alienage views trait relevant circumstances others view indeed concept heightened opposed strict scrutiny flatly inconsistent notion heightened scrutiny apply retarded mental retardation characteristic government may legitimately take account wide range decisions ante government also may take characteristic account many circumstances presented careful review required separate permissible invalid classifications relying retardation fact retardation may deemed constitutional irrelevancy circumstances enough given history discrimination retarded suffered require careful judicial review classifications singling retarded special burdens although acknowledges many instances invidious discrimination retarded still exist boldly asserts vast majority situations special treatment retarded legitimate also desirable ante assertion suggests somehow us calculate percentage situations characteristic validly invalidly invoked determining whether heightened scrutiny appropriate heightened scrutiny triggered past cases undefined numerical threshold invalid situations crossed inquiry constitutional principle mathematics determines whether heightened scrutiny appropriate whenever evolving principles equality rooted equal protection clause require certain classifications viewed potentially discriminatory history reveals systemic unequal treatment searching judicial inquiry minimum rationality becomes relevant potentially discriminatory classifications exist constitutional basis found presuming equal rights required discrimination fourteenth amendment sense connotes substantive constitutional judgment two individuals groups entitled treated equally respect something regard economic commercial matters basis conclusion exists justice holmes urged lochner fourteenth amendment intended embody particular economic theory lochner new york dissenting matter substantive policy therefore government free move direction change directions economic commercial sphere structure economic commercial life matter political compromise constitutional principle norm equality requires many opticians optometrists see williamson lee optical oklahoma new businesses old see new orleans dukes fourteenth amendment prohibit results virtually circumstances castes created law along racial ethnic lines see palmore sidoti loving virginia mclaughlin florida shelley kraemer hernandez texas significantly constrains range permissible government choices gender illegitimacy example concerned constraints derived fourteenth amendment present history teaches systemically ignored searching judicial inquiry required carolene products searching inquiry called heightened scrutiny second order review method approaching certain classifications skeptically judgment suspended facts evidence considered government must establish classification substantially related important legitimate objectives see craig boren valid sufficiently weighty policies actually justify departure equality heightened scrutiny allow courts reasoned legislative professional judgments tailored unique needs group like retarded seek assure hostility thoughtlessness reason concerned carried day invoking heightened scrutiny recognizes compels lower courts recognize group may well target sort prejudiced thoughtless stereotyped action offends principles equality found fourteenth amendment classifications based particular characteristic done past threat may remains heightened scrutiny appropriate history discrimination retarded continuing legacy amply attest mentally retarded areas may still targets action equal protection clause condemns respect liberty valued right establish home community likely denied basis irrational fears outright hostility heightened scrutiny surely appropriate iv light scrutiny applied cleburne ordinance sweeps broadly dispel suspicion rests bare desire treat retarded outsiders pariahs belong community disclaiming special scrutiny necessary warranted reaches conclusion rather striking ordinance however invalidates merely applied respondents must dissent novel proposition preferred course adjudication leave standing legislative act resting irrational prejudice ante thereby forcing individuals group discriminated continue run act gauntlet appears act belief ordinance might rational applied subgroup retarded circumstances utterly without capacity live community ordinance invalidated toto capable ever validly applied issue whether city may never insist special use permit mentally retarded zone ante issue whether city may require permit pursuant blunderbuss ordinance drafted many years ago exclude whether city must enact new ordinance carefully tailored exclusion subgroup retarded people circumstances exclusion might reasonably legitimate city purposes leaving sweeping exclusion feebleminded applied groups retarded created peculiar problems future define relevant characteristics respondents proposed home make unlawful require seek special permit delineate principle defines set retarded people ordinance might validly applied cleburne city council retarded applicants left without guidance potentially valid invalid applications ordinance consequence remedy relegates future retarded applicants standardless discretion officials already shown willing readiness captured vague undifferentiated fears ante ignorant frightened residents invalidating face ordinance special treatment contrast place responsibility tailoring updating cleburne unconstitutional ordinance belongs legislative arm city cleburne cleburne perceives legitimate need requiring certain subgroup retarded obtain special permits establishing group homes cleburne studying problem making appropriate policy decisions enact new narrowly tailored ordinance ordinance might well look different current one might separate group homes presently treated nowhere ordinance hospitals might define narrow subclass retarded even group homes legitimately excluded special treatment retarded might ended altogether whatever contours ordinance might take city allowed keep ordinance books intact thereby shift courts responsibility confront complex empirical policy questions involved updating statutes affecting mentally retarded legislative solution yield standards provide sort certainty retarded applicants administrative officials judicial rulings provide retarded applicants continue attempt surmount cleburne vastly overbroad ordinance approach might defensible circumstances different presented ordinance capable cleanly severed one judicial cut permissible impermissible applications problems pointed greatly reduced cf grace statute restricting speech conduct building grounds invalid applied sidewalks cf opinion concurring part dissenting part readily apparent construction appears offered one define group retarded people city might validly require permit might zone holding particularly inappropriate group covered statute appears similarly situated respondents see ante figure makes statutory presumption enormously overbroad cf stanley illinois invalidating statutory presumption despite state insistence validly applied covered knowledge never treated equal protection challenge statute basis statutes rest impermissibly overbroad generalizations cases invalidated presumption face instead leave courts task redrafting statute ongoing cumbersome process applied constitutional rulings cleveland board education lafleur example invalidated inter alia maternity leave policy required pregnant schoolteachers take unpaid leave beginning five months expected due date school board argued teachers became physically incapable performing adequately latter stages pregnancy accepted justification purposes decision assuming policy might validly applied teachers particularly last weeks pregnancy nonetheless invalidated toto rather simply applied particular plaintiff required school boards employ alternative administrative means achieve legitimate health safety goal legislature enact carefully tailored statute similarly caban mohammed invalidated law required parental consent adoption unwed mothers unwed fathers distinction defended ground inter alia unwed fathers often difficult locate particularly child infancy suggested legislature might make proof abandonment easier proof paternity harder required legislature draft new statute tailored precisely problem locating unwed fathers statute left books invalidating applied unwed fathers actually proved located presumption unconstitutionally overbroad preferred course adjudication strike see also dept agriculture moreno stanley illinois supra vlandis kline carrington rash sugarman dougall weber aetna casualty surety levy louisiana view remedial approach unprecedented equal protection area unwise doctrinal change course sought parties suggested various amici discussed oral argument moreover persuasively reason way novel remedial holding reconsider prior cases directly point instead simply asserts preferred course adjudication given assertion emerges today decision one hope become entrenched law without fuller consideration opinion approaches task principled equal protection adjudication view precisely wrong way formal label equal protection claim reviewed less important careful identification interest stake extent society recognizes classification invidious one yet focusing obsessively appropriate label give standard review fails identify interests stake articulate principle classifications based mental retardation must carefully examined assure rest impermissible assumptions false stereotypes regarding individual ability need guidance thereby given freewheeling potentially dangerous standard employed attention directed invidiousness grouping retarded individuals together moreover narrow remedy fails deal adequately overbroad presumption lies heart case rather leaving future retarded individuals run gauntlet overbroad presumption affirm judgment appeals entirety strike face provision issue therefore concur judgment part dissent part see also spector motor service mclaughlin one doctrine deeply rooted process constitutional adjudication pass questions constitutionality unless adjudication unavoidable burton habit decide questions constitutional nature unless absolutely necessary decision case see generally ashwander tva brandeis concurring even today calls mind principles ante given lengthy dicta heightened scrutiny call principle must read irony suggest lower erred relying heightened scrutiny believe searching inquiry traditional test required invalidate cleburne ordinance see infra see also three affiliated tribes wold engineering leroy great western two cases cites discussion zobel williams dept agriculture moreno expose special nature test employed today two handful modern equal protection cases striking legislation purports standard cases must generally viewed intermediate review decisions masquerading language see tribe american constitutional law discussing moreno see also moreno supra douglas concurring zobel supra brennan concurring indeed group home case specifically located near park school shopping center residents full access community large herr rights advocacy retarded people role ideologies era see stampp era reconstruction pp goddard possibilities research applied prevention feeblemindedness proceedings national conference charities correction cited deutsch mentally ill america ed see also fernald burden feeblemindedness retarded cause unutterable sorrow home menace danger community terman children public schools california schools society nly recently begun recognize serious menace feeblemindedness social economic moral welfare state responsible majority cases chronic pauperism much alcoholism prostitution venereal diseases books titles menace feeble minded connecticut issued connecticut school imbeciles became commonplace see frazier chairman executive committee public charities assn pennsylvania menace pennsylvania fernald burden mass juvenile protection association cincinnati hub wheel vice ohio resemblance works shufeldt negro menace american civilization striking coincidental moore new york book sponsored state charities aid association see also tyor bell caring retarded america segregationist purpose laws clear see act mar ch tex laws repealed act designed relieve society heavy economic moral losses arising existence large unfortunate persons see pennsylvania assn retarded children pennsylvania supp ed see generally sarason doris educational handicap public policy social history act apr ch miss laws see act mar ch acts remains effect rev stat act may pub acts remains effect comp laws act apr ch miss laws remains effect minor changes miss code ann see chamberlain current legislation eugenics limitations marriage lau lau state wyman see generally linn bowers historical fallacies behind legal prohibitions marriages involving mentally retarded persons eternal child grows gonz rev shaman persons mentally retarded right marry children family note right mentally disabled marry statutory evaluation family see note mental disability right vote yale congress expressly found handicapped children including retarded simply shut public school system see see generally allport nature prejudice separateness among groups exaggerates differences history discrimination may well directly relevant issue cleburne current exclusion zoning ordinance appeared similar exclusion city ordinance see act latter tracked word word similar exclusion comprehensive zoning ordinance nearby city dallas see dallas ordinance passed although presented legislative history cleburne zoning ordinances genealogy strongly suggests cleburne current exclusion written darkest days segregation stigmatization retarded simply carried current ordinance recently held extant laws originally motivated discriminatory purpose continue violate equal protection clause even permissible reenacted without discriminatory motive see hunter underwood event roots law terms excludes community feebleminded clear examples attest see supra feebleminded defining term retarded people era overt pervasive discrimination although frontiero plurality opinion well established gender classifications receive heightened scrutiny see mississippi university women hogan general theories heightened scrutiny relies heavily indeed virtually exclusively lesson massachusetts board retirement murgia brief per curiam murgia however handed days explicitly acknowledged existence heightened scrutiny see craig boren powell concurring murgia explains distinctions trigger strict scrutiny says nothing whether distinctions warrant heightened scrutiny subsequent cases addressed issue see vance bradley alienage classifications present related variant strict scrutiny applied classifications economic social area heightened scrutiny applied classification relates political functions cabell see also bernal fainter thus characterization area alienage classification applies necessary determine strongly must justified express view whether strict scrutiny extended classifications constitutional provisions equal protection clause contracts clause compensation clause due process clause may constrain extent government upset settled expectations changing course process must implement changes said congress misapprehended railroad retirement bd fritz brennan dissenting classification fail minimal standard even classification fails limits directions substantive policy take economic commercial area classification reflects underlying substantive policy simply arbitrary single talisman define groups likely target classifications offensive fourteenth amendment therefore warranting heightened strict scrutiny experience abstract logic must primary guide political powerlessness group may relevant san antonio independent school district rodriguez factor neither necessary gender cases demonstrate sufficient example minors illustrates minors vote thus might considered politically powerless extreme degree nonetheless see statutes reflecting prejudice indifference minors aware suggestion legislation affecting viewed suspicion heightened scrutiny similarly immutability trait issue may relevant many immutable characteristics height blindness valid bases governmental action classifications variety circumstances see ante political powerlessness group immutability defining trait relevant insofar point social cultural isolation gives majority little reason respect concerned group interests needs statutes discriminating young common need feared vote legislate young typically children certainly interact regularly minors social integration means minors unlike discrete insular minorities tend treated legislative arenas full concern respect despite formal complete exclusion electoral process discreteness insularity warranting searching judicial inquiry carolene products must therefore viewed social cultural perspective well political one task judges well suited lessons history experience surely best guide respect interests society likely stigmatize individuals members inferior caste view belonging community prejudice spawns prejudice stereotypes produce limitations confirm stereotype based history unequal treatment requires sensitivity prospect vestiges endure separating groups discrete insular many important legal distinctions page history worth volume logic new york trust eisner holmes strongly suggests loose fit ordinance purported objectives signifies ordinance rests irrational prejudice ante unconstitutional legislative purpose see mississippi university women hogan event recent precedent make clear ordinance must entirety invalidated see hunter underwood hunter involved constitutional provision disenfranchising various felons provision motivated least part desire disenfranchise negroes invalidated face suggest felons deprived vote statute motivated purpose racial discrimination see richardson ramirez yet possibility possibility provision might partly motivated desire disenfranchise negroes suggest provision invalidated applied particular plaintiffs hunter even applied negroes generally instead concluded without deciding whether valid enacted today without impermissible motivation simply observe original enactment motivated desire discriminate blacks account race section continues day effect violates equal protection arlington heights metropolitan housing development discriminatory purpose infects legislative act act inconsistent equal protection clause validly applied anyone