ep gender Flashcards
1
Q
classification by gender msut be
A
reasonable, not arbitrary, and sub similar to the objective of the law.
2
Q
accident of birth.
A
- Race/national origin
a. Not things we choose
3
Q
b. When we classify based on race/national origin
A
origin it is disconnected from the constitutional approach.
4
Q
pregnancy is
A
defining characteristic between men and women
5
Q
I/S–
A
fit it less impt, law is sub related and reason provided must be actual reason– cant use post hoc.
6
Q
SS-
A
a. CSI- This isn’t where the law will fail
i. NT, NL LRM- this is where it will fail if it does.
1. If better way-FAIL
7
Q
i/s
A
a. IGO- not where it will fail
i. Sub related, this is where it will fail
1. Is this a good way?
2. Doesn’t have to eradicate issue
a. Does it further?