14th Amendment- Gender Equality

Question 1

Frontiero v. Richardson (1973)

Answer 1

FILL IN

Question 2

Craig v. Boren - facts

Answer 2

facts- beer case. Oklahima statute permitted the sale of beers with a specific alcohol content to women 18 and older, but men had to be 21 bc of higher accident rates associated with men.

argument- law was unequal and a gender- based classification that violated equal protection.

Question 3

Craig v. Boren- rule

Answer 3

gender- based classifications must satisfy intermediate scrutiny. Thus, the law must be substantially related to furthering an important govt purpose.

Question 4

Craig v. Boren- rationale

Answer 4

court recognzied the statistics that govt brought re men being more likely to drink and drive, however, the stats were inadequate to support the states claim that a gender- based classification was substantially related to further that interest.

Question 5

Craig v. Boren- powell concurrence

Answer 5

we need to keep this as fact-based- we can decide what level of scrutiny to use based on the facts, not just a blanket statement that gender is intermediate.

Question 6

United States v. Virginia (1996)- Facts.

Answer 6

facts- VMI is for men only. The state made a VWIL for women which was a different institution.

Question 7

US v. Virginia- Rule

Answer 7

All govt gender classifications must be substantially related to an important govt purpose that can be demonstrated by the govt if it offers an **exceedingly persuasive justification.

Question 8

Virginia– Rationale

Answer 8

here, there is not exceedingly persuasive justification for excluding women.

• offering a different program for women does not remedy the violation bc it does not provide equal opportunity. especially when one institution is more prestigious.
• not all women may be able to meet the demanding standards, but some may!

Question 9

Virginia- concurrence and dissent

Answer 9

concurrence- rehnquist: does not agree with RBG about prestuge and funding- he says you can have 2 great institutions. however, he says that teh facts of this case do not support equality.

dissent- scalia: he believes that the all- man institution haere is required for the character of the school and that it needs to be all men.