What is the test for assessing indirect burden or condition in the context of disability benefits?

California, United States of America


The following excerpt is from Committee To Defend Reproductive Rights v. Myers, 172 Cal.Rptr. 866, 20 ALR4th 1118, 29 Cal.3d 252, 625 P.2d 779 (Cal. 1981):

2 The majority suggests that the test of Bagley v. Washington Township Hospital Dist. (1966) 65 Cal.2d 499, 55 Cal.Rptr. 401, 421 P.2d 409, must be used to evaluate governmental benefit programs that restrict the exercise of a fundamental right through the imposition of an indirect burden or a condition. Since I find no constitutional distinction between direct burdens and indirect burdens or conditions (see post at pp. 888-890 of 172 Cal.Rptr., at p. ---- of --- P.2d), I would apply the traditional strict scrutiny standard.

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