Lawrence v. Texas Overrules San Antonio School District. v. Rodriguez


John H. Ryskamp


San Antonio School District v. Rodriguez used the scrutiny regime to decide whether there was an Equal Protection right to housing. However, Lawrence v. Texas abolished the scrutiny regime. So how do we evaluate whether there is an education right under Equal Protection? The right to education in the Texas Constitution shows us that we use the liberty Equal Protection right to determine if state laws are essential to education; this is the meaning of Lawrence's rule that laws are not permitted respecting liberty which do not "substantially further a legitimate state interest." Note that this takes substantially from intermediate scrutiny, and legitimate from minimum scrutiny, but it is the test for liberty, not an argument of the scrutiny regime. The "essential to education" Equal Protection test, overrules San Antonio.


Civil Rights and Discrimination | Constitutional Law | Education Law | Human Rights Law | Juvenile Law | Law

Date of this Version

May 2006