Intermediate Scrutiny and Biological Sex Flashcards
What does intermediate scrutiny require
Law serves an important government interest and must be substantially related to the achievement of that interest
How to determine if law serves an important government interest
look at the actual purpose and effect and the burden of proof is on the state
what type of justification do we need for intermediate scrutiny
exceedingly persuasive justification that is substantially related to gov purpose
Explain Bradwell v. Illinois
Bradwell husband was a lawyer who taught her and she passed the bar but wasn’t allowed to practice
Holding of Bradwell
UPHELD - she had no rights apart from her husband. She could not make contracts as a woman which was a necessity for a lawyer
Explain Goesaert v. Clearly
Michigan law prohibited women from working as a bartender unless they were the wife or daughter of the bar’s male owner
Holding in Goesaert
UPHELD. State’s concerns about immorality were reasonable
what standard of review was used in Goesaert
rational basis review
Explain Reed v. Reed
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
holding of reed v. reed
STRUCK DOWN: to give a mandatory preference to members of either sex is forbidden by the equal protection clause
Explain Frontiero v. Richardson
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
holding of Frontiero v. Richardson
STRUCK DOWN. Violated equal protection component of the fifth amendment’s due process clause.
explain Craig v. Boren
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.
Holding of Craig v. Boren
STRUCK DOWN - statute discriminates against men and does not meet gov. interest. First time intermediate scrutiny was used.
Explain US v. Virginia
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.
Holding in US v. Virginia
clearly discriminatory. Has to be exceedingly persuasive reason for using biological sex to pass review.
Scalia Dissent in US v. Virginia
This would impair VMI approach since every student needs to be treated alike and this would hurt the program
Explain NYC transit authority v Beazer
imposed rule that refused to employ persons who use methadone
what level of review used in Beazer
rational basis review maybe with bite
holding of beazer
UPHELD. Rationally related to state goal of public safety, There is a legit government interest here
Explain US Dept of Agriculture v. Moreno
Food stamp act of 1964 excluded low income households from participating if there were any un related people living in the household
What level of review used in moreo
rational basis review with bite
holding in moreno
STRUCK DOWN, evidence of bare animus towards the hippies. Law is overinclusive and underinclusive, making it arbitrary.
Explain City of Cleburne v. Cleburne Living Center
zoning ordinance would not allow mental ill home to be builty
what standard is city of cleburne
rational basis review with bite
holding of cleburne
STRUCK DOWN. Clearly driven by an irrational fear and animus of the disabled and there is no connection
Explain Romer v. Evans
state amendment prohibiting local gov from enacting antidiscrimination measures protecting gay conduct, practice or relationship
what standard of review is Romer v. Evans
rational basis review with bite = clear discrimination of single named group
Holding of Romer v. Evans
STRUCK DOWN. Motivated by bare animus against gay people
You can only apply rational basis with bite if you start with what class
equal protection class that uses rational basis
1. age
2. disability
3. sexual orientation
