Nagle v. Board of Education

629 P.2d 109, 63 Haw. 389, 1981 Haw. LEXIS 127
CourtHawaii Supreme Court
DecidedJune 8, 1981
DocketNO. 6499; CIVIL NO. 50088
StatusPublished
Cited by24 cases

This text of 629 P.2d 109 (Nagle v. Board of Education) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nagle v. Board of Education, 629 P.2d 109, 63 Haw. 389, 1981 Haw. LEXIS 127 (haw 1981).

Opinion

*390 OPINION OF THE COURT BY

RICHARDSON, C.J.

The primary issue on this appeal is whether HRS § 297-15 (1976) which mandates the retirement of public school teachers at age 65 violates the equal protection and due process clauses of the Hawaii Constitution, art. I, § 4 (as amended and renumbered art. I, § 5 (1978) ). 1 The First Circuit Court upheld the constitutionality of *391 section 297-15 and granted the defendants’ motion for summary judgment. For reasons which will be set forth in this opinion, we affirm the decision of the trial court.

I. FACTS.

Flora S. Nagle (hereinafter “appellant”) was an employee of the Board of Education and the State Department of Education (hereinafter “appellees”). She worked as an eighth grade teacher at Aliamanu Intermediate School. Appellant first began working as a school teacher at the beginning of September, 1958 and reached the age of 65 on December 8, 1976. Prior to attaining the age of 65, she requested permission to continue teaching. However, appellant’s request was denied by the appellees under section 297-15, the mandatory retirement provision for public school instructors.

Following the denial of her request, appellant filed a complaint against appellees and" a motion for a preliminary injunction on December 2,1976. In her suit, appellant argued that section 297-15 violated the equal protection and due process clauses of the Hawaii Constitution. She contended that the mandatory retirement law created an impermissible age-based classification, impinged upon her fundamental right to work, and established an unconstitutional irrebuttable presumption.

On January 7, 1977, the appellees filed a motion for summary judgment. On January 25, 1977, the trial court held a hearing on appellees’ motion for summary judgment and a counter-motion for summary judgment filed by appellant. Moreover, an order was issued on January 28, 1977, permitting co-appellant Hawaii State Teachers Association to intervene in the case.

On February 3, 1977, the trial court granted the appellees’ motion for summary judgment. Thereupon, the appellants filed a notice of appeal.

II. DISCUSSION.

The appellants raise several points in challenging the constitutionality of section 297-15. First, the appellants argue that section 297-15 creates a suspect age classification in the absence of compelling state interests and, therefore, violates the equal protection clause of the Hawaii Constitution. In the alternative, appellants *392 argue that even if section 297-15-does not establish a suspect classification, it is still constitutionally invalid under the equal protection clause because the statute is not rationally related to legitimate state interests. Second, appellants also contend that the statute is unconstitutional because it impinges on a fundamental right to earn a living. Lastly, appellants assert that section 297-15 contravenes the due process clause of the Hawaii Constitution because the statute sets up an irrebuttable presumption that 65-year-old teachers are unfit and incompetent to continue teaching. We will examine each of these arguments in order.

A. THE CONSTITUTIONALITY OF SECTION 297-15 AS AN AGE-BASED CLASSIFICATION.

As in all cases involving equal protection challenges,' this court must decide on the appropriate standard for reviewing the constitutionality of section 297-15. Where equal protection claims are raised, this court has recognized either the strict scrutiny or the rational basis tests as the basic standards of review. Nachtwey v. Doi, 59 Haw. 430, 583 P.2d 955 (1978).

Under the strict scrutiny standard, the State carries a heavy burden in arguing for the validity of a statute. Id. at 435, 583 P.2d at 959 (1978). A court will carefully examine a statute to determine whether it furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgment of constitutional rights. Id. at 435, 583 P.2d at 959 (1978). As a standard for judicial review, the strict scrutiny test is applicable where equal protection challenges involve “suspect” classifications 2 or fundamental rights. 3

*393 Where “suspect” classifications or fundamental rights are not at issue, this court has traditionally employed the rational basis test. State v. Cotton, 55 Haw. 148, 150, 516 P.2d 715, 717 (1973); State v. Johnston, 51 Haw. 195, 203, 456 P.2d 805, 810 (1969). Under that test, the court essentially asks whether a statute rationally furthers a legitimate state interest. State v. Cotton, supra at 150, 516 P.2d at 717 (1973). In making this inquiry, a court will not look for empirical data in support of the statute. It will only seek to determine whether any reasonable justification can be conceived to uphold the legislative enactment. Vance v. Bradley, 440 U.S. 93 (1979); State v. Cotton, supra.

Based on these principles of law, one of the factors which this court must consider in selecting a standard of review over a mandatory retirement statute is whether age per se is a suspect classification. In this regard, two recent United States Supreme Court cases dealing with age discrimination are instructive. In Massachusetts Board of Retirement v. Murgia, 427 U.S. 307 (1976), the Supreme Court held that age is nota suspect classification and, therefore, that the rational basis test is the appropriate standard where age discrimination is alleged. In Murgia, the Court reviewed the constitutionality of a Massachusetts statute which required that police officers retire at the age of 50. The appellee, Robert Murgia, was a Massachusetts state police officer who had been forced to retire by the Massachusetts Board of Retirement upon reaching his 50th birthday. He contended that the retirement statute which had formed the basis for the Board’s decision violated the equal protection clause of the United States Constitution. In making this contention, Murgia urged the Court to adopt the strict scrutiny test, arguing that a statute which mandates the retirement of an employee at a particular age establishes a suspect classification and impinges upon a fundamental right to work.

The Supreme Court rejected Murgia’s argument and upheld the constitutionality of the Massachusetts statute under the rational basis test. Id. at 312. The Court explained that the aged do not form a suspect class because they are not a politically powerless nor a historically disadvantaged minority group. Id. at 313.

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Bluebook (online)
629 P.2d 109, 63 Haw. 389, 1981 Haw. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nagle-v-board-of-education-haw-1981.