Walter v. Board of Education

"A law that neither burdens a fundamental right nor targets a suspect class will be upheld so long as it bears a rational relation to some legitimate state interest." Romer v. Evans, 517 US 620, 631, 116 S Ct 1620, 134 L Ed 2d 855 (1996).

Petitioner challenged the validity of an administrative rule promulgated by the State Board of Education ("Board").  Petitioner assigned error to the Board's rule as exceeding the Board's authority under ORS 332.075.  Petitioner argued that the rule exceeded statutory authority, and if it did not, that the rule was a violation of the Oregon and United States Constitutions as "race-based" and harmful to the self-image of Native American students.  In response, the Board argued that Petitioner's Equal Protection Clause arguments were undeveloped and that contentions regarding adverse effects required a factual inquiry beyond the scope of the Court.  "A law that neither burdens a fundamental right nor targets a suspect class will be upheld so long as it bears a rational relation to some legitimate state interest." Romer v. Evans, 517 US 620, 631, 116 S Ct 1620, 134 L Ed 2d 855 (1996).  The Court held that the Board rule was rationally related to legitimate interests in creating opportuntiies for recognized Native tribes.  OAR 581-021-0047 (2016) held valid.