Question about gender in equal protection....

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vacations
Posts: 102
Joined: Thu Feb 12, 2009 4:51 pm

Question about gender in equal protection....

Postby vacations » Wed Apr 25, 2012 12:54 am

having a con law brain freeze at the moment...

can someone explain why gender is not a suspect class and therefore does not get strict scrutiny?

thank you

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jessuf
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Re: Question about gender in equal protection....

Postby jessuf » Wed Apr 25, 2012 12:59 am

Biological differences mean sometimes, it's okay to discriminate based on gender??

071816
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Re: Question about gender in equal protection....

Postby 071816 » Wed Apr 25, 2012 1:03 am

While there has been a long history of discrimination against women, the framework of the 14th Amendment was designed only to outlaw race-based discrimination. Also, biological differences between men and women make it more likely that gender classifications will be justified. Furthermore, women are not considered to be "discrete and insular" minorities. See Craig v. Boren.

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mlbennani
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Re: Question about gender in equal protection....

Postby mlbennani » Wed Apr 25, 2012 7:18 am

I believe gender discrimination is subject to "intermediate scrutiny" rather than "strict scrutiny" or "rational basis"

ellewoods87
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Joined: Sat Jul 17, 2010 12:18 pm

Re: Question about gender in equal protection....

Postby ellewoods87 » Wed Apr 25, 2012 8:21 am

while women have been historically discriminated against, and they did not "choose" to be women, they are not exactly a minority. the point of the strict scrutiny with race, aliens, national origin, etc. is due to the small size of them and they can't mobilize and correct issues themselves

NYC2014
Posts: 101
Joined: Mon Mar 19, 2012 9:48 pm

Re: Question about gender in equal protection....

Postby NYC2014 » Wed Apr 25, 2012 9:03 am

Because it's better to discriminate against women than against blacks (fact).




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