With no explanation, chose the best option from "A", "B", "C" or "D". has a racially disproportionate impact.” (emphasis in original)); Palmer v. Thompson, 403 U.S. 217, 224, 91 S.Ct. 1940, 29 L.Ed.2d 438 (1971) (“[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.”). See also Marsh v. Newton, 134 F.3d 383, at *2 (10th Cir.1998) (unpublished) (“‘To establish a gender-based claim under the Equal Protection Clause, [the plaintiff] must, .as a threshold matter, demonstrate that [the plaintiff has] been treated differently by a state actor than others who are similarly situated simply because [the plaintiff] belong[s] to a particular class.’” (quoting Keevan v. Smith, 100 F.3d 644, 647-48 (8th Cir.1996))); Barney v. Pulsipher, 143 F.3d 1299, 1312 (10th Cir.1998) (<HOLDING>). If the plaintiff can produce evidence of

A: holding that to assert a viable equal protection claim plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them
B: holding equal protection under the federal constitution applies to similarly situated persons
C: holding that equal protection claim by prisoner lacked merit where prisoner not similarly situated to others who were permitted to engage in relevant conduct
D: holding that the equal protection clause is essentially a direction that all persons similarly situated should be treated alike
A.