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An example of a court using intermediate scrutiny came in Craig v. Boren , 429 U.S. 190 (1976), which was the first case in the United States Supreme Court which determined that statutory or administrative sex-based classifications were subject to an intermediate standard of judicial review .
Craig v. Boren, 429 U.S. 190 (1976), was a landmark decision of the US Supreme Court ruling that statutory or administrative sex classifications were subject to intermediate scrutiny under the Fourteenth Amendment's Equal Protection Clause. [1]
Boren [13] which introduced the standard of intermediate scrutiny for gender-based discrimination. Under this standard, states must demonstrate that any gender-based law serves an important government interest and is substantially related to achieving that interest. [14]
The petitioner argued that the statutory rape law discriminated based on gender and was unconstitutional. The court ruled that this differentiation passes intermediate scrutiny under the Equal Protection Clause because it serves an important state goal, stating that sexual intercourse entails a higher risk for women than men. Thus, the court ...
When intermediate scrutiny is involved, the courts are more likely to oppose the discriminatory law when compared to a rational basis review particularly if a law is based on gender. However, a court will likely uphold a discriminatory law under intermediate scrutiny if the law has an exceedingly persuasive justification and applies to real ...
Intermediate scrutiny, which is often applied in gender discrimination cases, did not arise until decades later. When applied, the law must serve an important governmental interest and be substantially related to that end. Some argue that the "most famous footnote" was in fact written by not Stone but his law clerk, Louis Lusky. [4]
Khelif and Taiwanese boxer Lin Yu-Ting, who won her bout Sunday after similar abuse and questions about her gender, are the latest examples of women of color who have found themselves caught in ...
Because the Idaho Code made a distinction based on sex, the court reasoned that "it thus establishes a classification subject to scrutiny under the Equal Protection Clause" and using the generic standard of scrutiny—ordinary or rational basis review—asked "whether a difference in the sex of competing applicants for letters of administration ...