Due Process Analysis:

 Glucksberg: Is this something that is deeply rooted in our nation’s history? Description of
the liberty asserted
 Connect to the 4 established rights (Don’t need all)
o Use cases to back up
 Determine if Fundamental Right and Analyze SS
o State Interest?
o Necessary/ Narrowly Tailored to achieve this compelling interest
 State’s response to Arguments
o Has the Supreme Court ever come close to saying this is a fundamental right?
o Deeply rooted in nation’s history? Would argue not
o Argue that there are alternatives
o SS should not apply, use RB
 Conclude
o Say whether FR or not? SS? Will it fail?
Equal Protection Analysis:
 Facial Classification or Facial Neutral?
o Facial Class: Disadvantages group on its face
o Facial Neutral: Intent and Impact
 Level of Scrutiny?
o SS – Race/ Nat’l Origin
o IS – Gender
o RB – Everything Else
 Does the law meet the scrutiny?
Religion Analysis
 Free Exercise Clause
o Define religion under Seeger
o If the law is generally applicable and validly enacted, use the Smith Test
 Rational Basis
o Argue both sides of whether is facially neutral
 Establishment Clause
o Lemon Test
 Secular Purpose
 Primary effect neither inhibits/advances a religion
 No excessive entanglement
o Endorsement
 Would a reasonable observe see a message of government approval or
disapproval of religion
o Coercion
 Whether the government is coercing people to take part in religion