Is reasonable speculation establishing a rational basis in a legislative classification valid?

Rose insists that the reviewing court in McKee II applied the rational basis test. Reasonable speculation establishing the rationality of a legislative classification, unsupported by evidence or empirical data in the record, meets the rational basis test. (See Heller v. Doe by Doe (1993) 509 U.S. 312, 319-321.) The court clearly understood the strict scrutiny test applied and it required the government to present evidence showing "both a compelling state interest justifying the disparate treatment and that the disparate

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treatment is necessary to further that compelling state interest. [Citations.]" (McKee II, supra, 207 Cal.App.4th at p. 1349.)