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State X Passes Legislation That Requires That Unless a Mother

Question 9

Multiple Choice

State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will:


A) defer to the legislature and will not determine whether such a classification of persons is constitutionally permissible.
B) determine that fundamental rights and suspect classification are involved in this legislation.
C) only require that the legislation conceivably bears some rational relationship to a legitimate governmental interest.
D) review the legislation to see if the preference to mothers bears a substantial relationship to an important governmental objective.

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