Equal Prot: Gender

Question 1

What level of scrutiny for Gender?

Answer 1

Intermediate Scrutiny

Laws based on gender must serve important gov. objective and must be substantially related to those objectives.

Question 2

Why are women quasi suspect class?

Answer 2

• history of discrimination
• being female is an immutable characteristic. - Not politically powerless after 1920.
• Not SS because there are inherent characteristics in gender that may affect social functioning. Ex. Bathrooms, pregnancy.

Question 3

Frontiero

Answer 3

• Fed. Law allows men to automatically claim wives as dependants but women must show that their husbands are over 50% dependant on them.
• Plurality applied SS and not intermediate because of history of discrim, immutable characteristics, and discrim in political area.
• Concurring judges say no SS. Unclear on level of scrutiny required.

Question 4

Craig v. Boren

Answer 4

• Law discriminates against men. They must wait three more years to drink than women.
• Court agrees on Intermediate Scrutiny.
• State purpose→ highway safety.
• Court says: gender discrimination not substantially related to this purpose. “fit” problem. Statistics were trivial.

Question 5

US v. Virginia (VMI)

Answer 5

-Exclusion of women by the VMI
In response VA created military for women
-Court says: Not good enough. Remedial decrees must closely fit the Constitutional violation. It must be shaped to place person denied opportunity or advantage in the position they would have occupied in the absence of discrim.
- Purpose of Exclusion: single sex edu. Provides important educ. Benefits. AND the unique training methods would have to be modified if VMI admitted women.
-Court says: nothing in stated purpose that is inherently unsuitable to women.
-Exclusion unconstitutional because it was based entirely on gender stereotypes.