California, United States of America
The following excerpt is from People v. Rhoades, C078140 (Cal. App. 2018):
Defendant claims this case is like Robbins v. Superior Court (1985) 38 Cal.3d 199 (Robbins), which King, supra, 186 Cal.App.3d at page 661, cited as the sole exception to the long-standing rule that rational basis review is applied to social welfare legislation. Robbins involved a county resolution enabling the welfare department to replace cash grants with "in-kind" benefits for single, employable applicants as part of the county's general assistance program for indigents. (Robbins at pp. 203-204.) The county resolution eliminated the prior cash grants and instead gave persons the choice of residing in a county shelter or receiving nothing. (Id. at p. 204.) The shelters were open dormitories with shared toilets, no privacy, and rules restricting movements and dictating meal times and bed times. (Ibid.) Robbins found a likelihood that the challengers would prevail on the merits of their claim that the new policy infringed on constitutional rights to privacy which includes the right to choose with whom one lives and associates. (Id. at p. 213.)
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