What is the test for "rational basis review" in the context of equal protection of the law?

"Under these principles, equal protection of the law is denied only where there is no 'rational relationship between the disparity of treatment and some legitimate governmental purpose.' [Citation.] In other words, the legislation survives constitutional scrutiny as long as there is ' "any reasonably conceivable state of facts that could provide a rational basis for the classification." ' [Citation.] This standard of rationality does not depend upon whether lawmakers ever actually articulated the purpose they sought to achieve. Nor must the underlying rationale be empirically substantiated. [Citation.] While the realities of the subject matter cannot be completely ignored [citation], a court may engage in ' "rational speculation" ' as to the justifications for the legislative choice. [Citation.] It is immaterial for rational basis review 'whether or not' any such

Page 37

speculation has 'a foundation in the record.' [Citations.]" (People v. Turnage, supra, 55 Cal.4th at pp. 74-75.)