Page 1 of 1
Question about gender in equal protection....
Posted: Wed Apr 25, 2012 12:54 am
by vacations
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
Re: Question about gender in equal protection....
Posted: Wed Apr 25, 2012 12:59 am
by jess
.
Re: Question about gender in equal protection....
Posted: Wed Apr 25, 2012 1:03 am
by 071816
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.
Re: Question about gender in equal protection....
Posted: Wed Apr 25, 2012 7:18 am
by mlbennani
I believe gender discrimination is subject to "intermediate scrutiny" rather than "strict scrutiny" or "rational basis"
Re: Question about gender in equal protection....
Posted: Wed Apr 25, 2012 8:21 am
by ellewoods87
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
Re: Question about gender in equal protection....
Posted: Wed Apr 25, 2012 9:03 am
by NYC2014
Because it's better to discriminate against women than against blacks (fact).