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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]
In the free speech context, intermediate scrutiny is the test or standard of review that courts apply when analyzing content-neutral speech versus content-based speech. Content-based speech is reviewed under strict scrutiny in which courts evaluate the value of the subject matter or the content of the communication.
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 ...
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]
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]
Imane Khelif and Lin Yu-ting have been allowed to compete in the Olympics despite failing a gender eligibility test conducted by the International Boxing Association last year
More importantly, the plurality argued for a strict standard of judicial scrutiny for those laws and regulations that classified on the basis of sex, instead of mere rational basis review. (See the appropriate section of the Equal Protection Clause article for more information on the different levels of Equal Protection scrutiny.) A heightened ...
“From the conception of the test, to how the test was shared with us, to how the tests have become public, is so flawed that it’s impossible to engage with it.”