Ordinance in Moore

Household can include head of household alone or with any of the following:

(A) a spouse

(B) parents of the head or the spouse

(C) unmarried children of either the head or the spouse (but not children of the unmarried children)

(D) not more than one dependent married or unmarried child of the head or spouse and the child’s spouse and children.

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Standard of Review in Moore

"This Court must examine carefully the importance of the governmental interests advanced and the extent to which they are served by the challenged regulation." (p.884)

Tradition

• Should we rely on tradition?
• At what level of generality we should locate the tradition?
• How do we identify the relevant tradition?

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Substantive Due Process

• strength of individual interest  (as it increases)

vs.

• importance of state interest  (must be greater)
• degree to which the statute serves the state’s interests  (must be more closely tied)
• burden on the individual interest  (must decrease)