The legislature of the state of Beacon enacted a statute requiring permanent removal from parental custody any child born to a mother currently receiving state welfare payments. Sophie recently lost her job and had been receiving state welfare assistance. Sophie now has given birth to her second child and the state of Beacon brought an action under the statute to terminate Sophie’s custody rights solely because she was receiving the state welfare payments. Sophie’s defense is based on the grounds that the statute is unconstitutional as applied.

If she brings suit to challenge the statute, what result?