What is the test for a sex offender's equal protection claim?
The following excerpt is from Fitch v. Borg, 996 F.2d 1224 (9th Cir. 1993):
We note at the outset that appellant's claim is not based upon his membership in any suspect class; rather, it is based upon his membership in a class consisting of persons convicted of sex offenses against multiple victims. We apply "rational basis" review to this type of equal protection claim. McQueary v. Blodgett, 924 F.2d 829, 834-35 n. 6 (9th Cir.1991). California laws authorizing stricter punishment for persons who commit crimes against multiple victims are rationally related to a legitimate governmental interest.
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