norml23 - Page 9

 Under traditional equal protection analysis,
 a legislation classification must be
 sustained if the classification itself is
 rationally related to a legitimate
 governmental interest°
 United States Dept. of Agriculture v. Moreno, 41 3 U.S. 528, 533,
 93 S.Ct. 2821, 37 L.Ed. Zd 782 (1973).
 For the purposes of this motion, the defendant will concede
 arguendo that the proper standard for constitutk)nai review of
 defendant's Fifth Amendment claims to due process and equal
 protection of the law, is the "rational relationship" test.
 An act of the legisJature carries a presumptk)n of validity
 and will be upheld unless it is demonstrated to be irrational.
 South Carolina Highway Dept. v. Barnwell Bros., 303 U.S. 177, 58
 S.Ct. 510, 82 L.EdoZd 734 (1938). Nevertheless, that a
 tegisJative declaration of facts appears to be reasonabme when
 enacted does not insulate the statute from judicia8 review. See
 Chastteton Corp. v. Sinclair, 264 U.S. 453, 44 S.Ct. 4.05, 68
 L. Ed. 841 (1921); Abie State Bank vo Bryan, 282 U.So 765, 772, 51
 SoCto 252, 75 LEd. 690 (1 931); Block vo Hirch, 256 Uo& 135,
 154, 4.1 S.Cto 458, 65 LEd° 8655 (1921); United States vo
 Carolene Products Co., 304 U.S. 144, 153, 58 SoCt. 778, 82 LEd°
 1234 (1938).
 As the court stated in Truax vo Corrigan, 257 U.S. 312, 337-38, 42 S.Cto
 124, 66 L.Ed. 254 (1921 );
 Classification is the most inveterate of our
 reasoning processes. We can scarcely think
 or speak without consciously or unconsciously
 exercising ito It must therefore obtain in
 and determine _egisiation... [B]ut it must
 regard real resemblances and ream differences
 between things and persons, and class them in
 accordance with their pertinence to the
 purpose at hand.
 (Emphasis added.)
 The court has recognized that "regulations under the police
 power, although valid or presumed vaJid when made, may become