context: Plaintiff here contends that strict scrutiny applies because Defendants' actions infringe on First Amendment rights. However, because the Court has already determined that Plaintiff does not have a meritorious Free Speech or Establishment Clause claim, his Equal Protection claim is subject only to rational basis scrutiny.
citation_a.signal: see also
citation_a.parenthetical: "Since we hold that the Act does not violate appellee's right of free exercise of religion, we have no occasion to apply to the challenged classification a standard of scrutiny stricter than the traditional rational-basis test"
citation_a.sentence: See Teen Ranch v. Udow, 389 F.Supp.2d 827, 841 (W.D.Mich.2005), aff'd 479 F.3d 403 (6th Cir.), cert. denied, 552 U.S. 1039, 128 S.Ct. 653, 169 L.Ed.2d 510 (2007); Fighting Finest, Inc. v. Bratton, 95 F.3d 224, 231 (2d Cir.1996) (where the plaintiffs have failed to show a violation of the First Amendment, strict scrutiny is inapplicable and the challenged statute is evaluated under rational basis review); see also Johnson v. Robison, 415 U.S. 361, 375 n. 14, 94 S.Ct. 1160, 1170 n. 14, 39 L.Ed.2d 389 (1974) (“Since we hold that the Act does not violate appellee’s right of free exercise of religion, we have no occasion to apply to the challenged classification a standard of scrutiny stricter than the traditional rational-basis test”); Locke v. Davey, 540 U.S. 712, 721 n. 3, 124 S.Ct. 1307, 1313 n. 3, 158 L.Ed.2d 1 (2004) (where a plaintiffs First Amendment Free Exercise claim has failed, only rational basis scrutiny applies in subsequent review of an equal protection fundamental right to religious free exercise claim based on the same facts); Wirzburger v. Galvin, 412 F.3d 271, 282-83 (1st Cir.2005), cert. denied, 546 U.S. 1150, 126 S.Ct. 1165, 163 L.Ed.2d 1128 (2006) (same).
citation_b.signal: see
citation_b.identifier: 95 F.3d 224, 231
citation_b.parenthetical: where the plaintiffs have failed to show a violation of the First Amendment, strict scrutiny is inapplicable and the challenged statute is evaluated under rational basis review
citation_b.sentence: See Teen Ranch v. Udow, 389 F.Supp.2d 827, 841 (W.D.Mich.2005), aff'd 479 F.3d 403 (6th Cir.), cert. denied, 552 U.S. 1039, 128 S.Ct. 653, 169 L.Ed.2d 510 (2007); Fighting Finest, Inc. v. Bratton, 95 F.3d 224, 231 (2d Cir.1996) (where the plaintiffs have failed to show a violation of the First Amendment, strict scrutiny is inapplicable and the challenged statute is evaluated under rational basis review); see also Johnson v. Robison, 415 U.S. 361, 375 n. 14, 94 S.Ct. 1160, 1170 n. 14, 39 L.Ed.2d 389 (1974) (“Since we hold that the Act does not violate appellee’s right of free exercise of religion, we have no occasion to apply to the challenged classification a standard of scrutiny stricter than the traditional rational-basis test”); Locke v. Davey, 540 U.S. 712, 721 n. 3, 124 S.Ct. 1307, 1313 n. 3, 158 L.Ed.2d 1 (2004) (where a plaintiffs First Amendment Free Exercise claim has failed, only rational basis scrutiny applies in subsequent review of an equal protection fundamental right to religious free exercise claim based on the same facts); Wirzburger v. Galvin, 412 F.3d 271, 282-83 (1st Cir.2005), cert. denied, 546 U.S. 1150, 126 S.Ct. 1165, 163 L.Ed.2d 1128 (2006) (same).