GPO-CONAN-2017-10-15.pdf

1055 thus in stanley v illinois 1056 the court found

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1055 Thus, in Stanley v. Illinois , 1056 the Court found invalid a construction of the state statute that presumed illegitimate fathers to be unfit parents and that prevented them from objecting to state wardship. Manda- tory maternity leave rules requiring pregnant teachers to take un- paid maternity leave at a set time prior to the date of the expected births of their babies were voided as creating a conclusive presump- tion that every pregnant teacher who reaches a particular point of pregnancy becomes physically incapable of teaching. 1057 Major controversy developed over the application of “irrebut- table presumption doctrine” in benefits cases. Thus, although a state may require that nonresidents must pay higher tuition charges at state colleges than residents, and while the Court assumed that a durational residency requirement would be permissible as a prereq- uisite to qualify for the lower tuition, it was held impermissible for the state to presume conclusively that because the legal address of a student was outside the state at the time of application or at some point during the preceding year he was a nonresident as long as he remained a student. The Due Process Clause required that the stu- dent be afforded the opportunity to show that he is or has become a bona fide resident entitled to the lower tuition. 1058 Moreover, a food stamp program provision making ineligible any household that contained a member age 18 or over who was claimed as a dependent for federal income tax purposes the prior tax year by a person not himself eligible for stamps was voided on the ground that it created a conclusive presumption that fairly often could be 1054 Presumptions sustained include Hawker v. New York, 170 U.S. 189 (1898) (person convicted of felony unfit to practice medicine); Hawes v. Georgia, 258 U.S. 1 (1922) (person occupying property presumed to have knowledge of still found on prop- erty); Bandini Co. v. Superior Court, 284 U.S. 8 (1931) (release of natural gas into the air from well presumed wasteful); Atlantic Coast Line R.R. v. Ford, 287 U.S. 502 (1933) (rebuttable presumption of railroad negligence for accident at grade cross- ing). See also Morrison v. California, 291 U.S. 82 (1934). 1055 The approach was not unprecedented, some older cases having voided tax legislation that presumed conclusively an ultimate fact. Schlesinger v. Wisconsin, 270 U.S. 230 (1926) (deeming any gift made by decedent within six years of death to be a part of estate denies estate’s right to prove gift was not made in contempla- tion of death); Heiner v. Donnan, 285 U.S. 312 (1932); Hoeper v. Tax Comm’n, 284 U.S. 206 (1931). 1056 405 U.S. 645 (1972). 1057 Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632 (1974). 1058 Vlandis v. Kline, 412 U.S. 441 (1973). 2025 AMENDMENT 14—RIGHTS GUARANTEED
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shown to be false if evidence could be presented. 1059 The rule which emerged for subjecting persons to detriment or qualifying them for benefits was that the legislature may not presume the existence of the decisive characteristic upon a given set of facts, unless it can be shown that the defined characteristics do in fact encompass all
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