Thursday, February 10, 2005

Con Law Question Of The Day

Is the following an Equal Protection violation?
Virginians who wear their pants so low their underwear shows may want to think about investing in a stronger belt.

The state's House of Delegates passed a bill Tuesday authorizing a $50 fine for anyone who displays his or her underpants in a "lewd or indecent manner."

Del. Lionell Spruill Sr., a Democrat who opposed the bill, had pleaded with his colleagues to remember their own youthful fashion follies.

During an extended monologue Monday, he talked about how they dressed or wore their hair in their teens. On Tuesday, he said the measure was an unconstitutional attack on young blacks that would force parents to take off work to accompany their children to court just for making a fashion statement.

The bill's sponsor, Del. Algie T. Howell, has said constituents were offended by the exposed underwear. He did not speak on the floor Tuesday.

Spruill and Howell, also a Democrat, are both black.

Which test to apply? Rational basis? Intermediate? Strict scrutiny? And what about those who wear their pants low but don't wear underwear?

1 comment:

Anonymous said...

Looks like states can't regulate "moral" police powers (ain't that the reading of Lawrence?) If they can mebbe it's the Test 21 thing. Nothing like gov't spending money on some lame legislation because they don't like what they see. As momma Boargart says, "If you don't like it don't friggin look at it."
-Boargart