The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, March 18, 1985
Reargument: Tuesday, April 23, 1985
Decision: Monday, July 1, 1985
Issues: Economic Activity, Zoning
Categories: mental health, property

Advocates

Renea Hicks (Argued the cause for the respondents)
Earl Luna (Argued the cause for the petitioners)

Facts of the Case

In 1980, Cleburne Living Center, Inc. submitted a permit application to operate a home for the mentally retarded. The city council of Cleburne voted to deny the special use permit, acting pursuant to a municipal zoning ordinance.

Question

Did the denial of the permit violate the Equal Protection rights of Cleburne Living Center, Inc. and its potential residents?

Conclusion

In a unanimous judgment, the Court held that the denial of the special use permit to Cleburne Living Centers, Inc. was premised on an irrational prejudice against the mentally retarded, and hence unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. While the Court declined to grant the mentally retarded the status of a "quasi-suspect class," it nevertheless found that the "rational relation" test for legislative action provided sufficient protection against invidious discrimination.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 9 votes for Cleburne Living Center, 0 vote(s) against
Legal Provision: Equal Protection
Wrote a special concurrence
Marshall
Voted with the majority, joined Marshall's concurrence
Brennan
Wrote a regular concurrence
Stevens
Voted with the majority, joined Marshall's concurrence
Blackmun
Voted with the majority
Powell
Wrote the majority opinion
White
Voted with the majority
O'Connor
Voted with the majority, joined Stevens' concurrence
Burger
Voted with the majority
Rehnquist
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, Cleburne, TX v. Cleburne Living Center, 473 U.S. 432 (1985),
available at: <http://www.oyez.org/cases/1980-1989/1984/1984_84_468/>
(last visited ).