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29 Δεκ 2020 · Intermediate scrutiny required the state to prove that there was a “substantial relationship” between the goals of a statute and its “means”, which constitutes the manner in which the statute discriminated on the basis of sex. [12]
This work will examine the development of the intermediate scrutiny test used by the Supreme Court when evaluating sex-based discrimination claims through examining six key cases in the Twentieth century.
In Craig, the Court created the intermediate scrutiny test and applied it to a statute which discriminated on the basis of gender. Since then, courts have found that gender is a protected class, and any statute which discriminates on the basis of gender must undergo the intermediate scrutiny test.
Intermediate Scrutiny Can Adequately Protect Women While Remedying Past Discrimination. ..... 830 2. The Stigma Communicated by Subjecting Gender-Based Affirmative Action Programs to Intermediate Scrutiny Would Be Offset Were the Court to Adopt Increased Scrutiny for Non-Benign Gender-Based Statutes. ..... 835 3.
Boren, the U.S. Supreme Court established a new standard of judicial review, intermediate scrutiny, for laws with gender-based classifications. The 1976 decision involved an Oklahoma law that prohibited the sale of beer with 3.2% ("non-intoxicating") alcohol content to males under age 21 while permitting the sale of such low-alcohol beer to ...
The United States sued Virginia and VMI, alleging that VMI's exclusively male admission policy violated the Fourteenth Amendment's Equal Protection Clause. The District Court ruled in VMI's favor. The Fourth Circuit reversed and ordered Virginia to remedy the constitutional violation.
1. 429 U.S. 190 (1976) (holding that statistical evidence of incidents of drunken driving among males and females was insufficient to support gender-based discrimination arising from Oklahoma statute prohibiting the sale of 3.29% beer to males under the age of 21 and females. under the age of 18).
