Intermediate Scrutiny and Biological Sex

Question 1

What does intermediate scrutiny require

Answer 1

Law serves an important government interest and must be substantially related to the achievement of that interest

Question 2

How to determine if law serves an important government interest

Answer 2

look at the actual purpose and effect and the burden of proof is on the state

Question 3

what type of justification do we need for intermediate scrutiny

Answer 3

exceedingly persuasive justification that is substantially related to gov purpose

Question 4

Explain Bradwell v. Illinois

Answer 4

Bradwell husband was a lawyer who taught her and she passed the bar but wasn’t allowed to practice

Question 5

Holding of Bradwell

Answer 5

UPHELD - she had no rights apart from her husband. She could not make contracts as a woman which was a necessity for a lawyer

Question 6

Explain Goesaert v. Clearly

Answer 6

Michigan law prohibited women from working as a bartender unless they were the wife or daughter of the bar’s male owner

Question 7

Holding in Goesaert

Answer 7

UPHELD. State’s concerns about immorality were reasonable

Question 8

what standard of review was used in Goesaert

Answer 8

rational basis review

Question 9

Explain Reed v. Reed

Answer 9

Sally reed petitioned court to allow her to be named administrator of her son’s estate. Idaho had statute that said if both a male and female were entitled to be administrator then the law has to pick the male

Question 10

holding of reed v. reed

Answer 10

STRUCK DOWN: to give a mandatory preference to members of either sex is forbidden by the equal protection clause

Question 11

Explain Frontiero v. Richardson

Answer 11

federal law gave male members of the uniformed armed services ability to automaically claim spouse as a dependent but female service members could only do that if her spouse was dependent on her for over half his support

Question 12

holding of Frontiero v. Richardson

Answer 12

STRUCK DOWN. Violated equal protection component of the fifth amendment’s due process clause.

Question 13

explain Craig v. Boren

Answer 13

state statute prohibits sale of nonintoxicating beer to males under 21 and females under 18. Claims gender based discrimination for denial of beer to men 18-20.

Question 14

Holding of Craig v. Boren

Answer 14

STRUCK DOWN - statute discriminates against men and does not meet gov. interest. First time intermediate scrutiny was used.

Question 15

Explain US v. Virginia

Answer 15

VMI Is male only institution to prepare men as citizen soldier. Women not allowed to join so they started a new school VWIL but it wasn’t the same at all.

Question 16

Holding in US v. Virginia

Answer 16

clearly discriminatory. Has to be exceedingly persuasive reason for using biological sex to pass review.

Question 17

Scalia Dissent in US v. Virginia

Answer 17

This would impair VMI approach since every student needs to be treated alike and this would hurt the program

Question 18

Explain NYC transit authority v Beazer

Answer 18

imposed rule that refused to employ persons who use methadone

Question 19

what level of review used in Beazer

Answer 19

rational basis review maybe with bite

Question 20

holding of beazer

Answer 20

UPHELD. Rationally related to state goal of public safety, There is a legit government interest here

Question 21

Explain US Dept of Agriculture v. Moreno

Answer 21

Food stamp act of 1964 excluded low income households from participating if there were any un related people living in the household

Question 22

What level of review used in moreo

Answer 22

rational basis review with bite

Question 23

holding in moreno

Answer 23

STRUCK DOWN, evidence of bare animus towards the hippies. Law is overinclusive and underinclusive, making it arbitrary.

Question 24

Explain City of Cleburne v. Cleburne Living Center

Answer 24

zoning ordinance would not allow mental ill home to be builty

Question 25

what standard is city of cleburne

Answer 25

rational basis review with bite

Question 26

holding of cleburne

Answer 26

STRUCK DOWN. Clearly driven by an irrational fear and animus of the disabled and there is no connection

Question 27

Explain Romer v. Evans

Answer 27

state amendment prohibiting local gov from enacting antidiscrimination measures protecting gay conduct, practice or relationship

Question 28

what standard of review is Romer v. Evans

Answer 28

rational basis review with bite = clear discrimination of single named group

Question 29

Holding of Romer v. Evans

Answer 29

STRUCK DOWN. Motivated by bare animus against gay people

Question 30

You can only apply rational basis with bite if you start with what class

Answer 30

equal protection class that uses rational basis
1. age
2. disability
3. sexual orientation