City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985), was a Supreme Court case concerning discrimination against the mentally retarded.
The city of Cleburne, Texas had refused to grant Cleburne Living Center (CLC), a group home for the mentally retarded, a permit; this had the effect of preventing CLC from locating in Cleburne. Justice Byron White, writing for the majority, ruled that there was no rational basis upon which Cleburne could have refused CLC a permit. Justice Thurgood Marshall, though concurring in the result, argued that due to the history of discrimination against the mentally retarded, the Court should employ a higher standard of scrutiny (see Equal Protection scrutiny) when examining laws that regulated those with mental disabilities.
Last updated: 08-02-2005 15:46:06