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State Y passes legislation that requires that unless a father of children over the age of 5 is found to be unfit, custody in divorce
State Y passes legislation that requires that unless a father of children over the age of is found to be unfit, custody in divorce proceedings should be awarded to the father and not the mother. If this statute is challenged, the court will:
a defer to the legislature and will not determine whether such a classification of persons is constitutionally permissible.
b determine that fundamental rights and suspect classification are involved in this legislation.
c review the legislation to see if the preference to fathers bears a substantial relationship to an important governmental objective.
d only require that the legislation conceivably bears some rational relationship to a legitimate governmental interest.
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