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dq 1
Equal Protection (graded)
Doctor Goo Fee, a licensed psychotherapist, has been charged with violating a new state statute making it a crime for “any licensed psychologist, psychiatrist, or psychotherapist to have sexual intercourse with a patient during the existence of the professional relationship.”
The doctor is challenging the constitutionality of the statute on two grounds:(a) the statute intrudes on his right to privacy and (b) that the statute violates the Equal Protection Clause of the Fourteenth Amendment in that it fails to apply the same prohibition to other health care professionals.
Do you think the doctor is likely to prevail in his challenge to the statute?