The Equal Protection Clause is invoked by [[abortion]] clinics to try to invalidate laws that treat them differently than legitimate medical services.
The Equal Protection Clause is invoked by [[abortion]] clinics to try to invalidate laws that treat them differently than legitimate medical services.
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But the [[U.S. Supreme Court]] has affirmed the authority of a state to prefer childbirth over abortion. Moreover, the Equal Protection Clause imposes an undemanding test with respect to [[facial challenges]] to economic legislation. "[I]f a law neither burdens a fundamental right nor targets a suspect class, we will uphold the legislative classification so long as it bears a rational relation to some legitimate end." ''Romer v. Evans'', 517 U.S. 620, 631 (1996). "By requiring that the classification bear a rational relationship to an independent and legitimate legislative end, we ensure that classifications are not drawn for the purpose of disadvantaging the group burdened by the law." Id. at 633.
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Only if a statute is issue "raise[s] the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected," would an abortion statute be unconstitutional. In that case the "'desire to harm a politically unpopular group cannot constitute a legitimate governmental interest.'" ''Id.'' at 634-35 (quoting ''Department of Agriculture v. Moreno'', 413 U.S. 528, 534 (1973)).