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The '''intent standard''' is the idea that, for a [[facially neutral statute]] which has [[disparate impacts]], tending towards discrimination, to be illegal, the allegedly neutral statute must have been drafted with discriminatory intent.<ref> For racial cases, see ''Washington v. Davis,'' cf. ''Feeney'' in gender cases.</ref>  Commentators have noted that this is essentially a requirement of the criminal ''[[mens rea]]'' of intent, a very high standard to meet in a civil case.  Some statutes, by virtue of the severity of their disparate impact, are ''per se'' discriminatory.<ref>See e.g. ''Yick Wo.''</ref>
 
The '''intent standard''' is the idea that, for a [[facially neutral statute]] which has [[disparate impacts]], tending towards discrimination, to be illegal, the allegedly neutral statute must have been drafted with discriminatory intent.<ref> For racial cases, see ''Washington v. Davis,'' cf. ''Feeney'' in gender cases.</ref>  Commentators have noted that this is essentially a requirement of the criminal ''[[mens rea]]'' of intent, a very high standard to meet in a civil case.  Some statutes, by virtue of the severity of their disparate impact, are ''per se'' discriminatory.<ref>See e.g. ''Yick Wo.''</ref>
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== References ==
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==References==
 
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[[category:law]]
 
[[category:law]]
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