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Fourteenth Amendment

University of Washington School of Law

2012

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Independence For Washington State's Privileges And Immunities Clause, P. Andrew Rorholm Zellers Mar 2012

Independence For Washington State's Privileges And Immunities Clause, P. Andrew Rorholm Zellers

Washington Law Review

Article I, section 12 of the Washington State Constitution prohibits special privileges and immunities. It provides: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.” Since the 1940s, the Washington State Supreme Court has analogized article I, section 12 to the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. As a result, it has treated claims under article I, section 12 and the Equal Protection Clause as a single inquiry and applied …