Intermediate Scrutiny Flashcards
What is intermediate scrutiny?
Substantially related to an important government interest.
Substantially related: It must be the reason the legislators passed the law. Not a probable reason, but the actual reason.
What scrutiny is gender classifications held to?
Intermediate Scrutiny
Stranton v. Stranton
What does the court state about old notions of social rules?
“Old notions of social roles cannot be used to protect and justify a law.”
Craig v. Boren
Women could buy alcohol at 18. Men at 21. The states reasoning was public health and safety. What did the court state?
The protection of health and safety represents a important function of state and local government. However, the states statistics are not enough to support the conclusion that the gender-based discrimination serves to achieve this purpose.
U.S. v. Virginia
If the governments solution is remedy a past disadvantage, what must they prove?
The governments solution for the discrimination must place the parties in the same place they would have been if not for the initial discrimination. They must also be able to prove that this is the actual goal and justification for the law.
What are the 2 (probably closer to 3) types of gender classifications?
1) Facially discriminatory
2) Facially Neutral
a) Discriminatory impact;
b) Discriminatory purpose.
Under Geduldig v. Aiello, can a state justify not having pregnancy related conditions on their healthplans for fiscal reasons?
Yes. A state can choose to run their program in a way that looks out for fiscal reasons first. The state covers the same conditions for both men and women. The state has a legitimate interest in self-supporting system.
If a statute is designed to benefit women, what standard will be applied?
Intermediate. If the statute provides different treatment based on gender, it will be held to intermediate.
In Michael M v. Sonoma County, the statute held boys were liable for statutory rape, but not women. Was this constitutional and why?
Yes, it was constitutional. The majority held that the statute was fine because women face the risk of getting pregnant, whereas, men cannot be pregnant.
Can a state regulate genders based on biological differences?
Yes. A state may regulate genders based on biological differences. The statute must meet strict scrutiny though.
