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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.
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]
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 ...
States have passed state equal rights amendments (ERAs) to their constitutions that provide various degrees of legal protection against discrimination based on sex.With some mirroring the broad language and guarantees of the proposed Federal Equal Rights Amendment, others more closely resemble the Equal Protection Clause of the Fourteenth Amendment.
Consequently, there is a circuit split on whether sex based affirmative action plans should be subject to strict scrutiny review or the lesser intermediate scrutiny review. [28] The Sixth Circuit and the Federal Circuit apply strict scrutiny while the Third, Fifth, Ninth, and Eleventh Circuits apply intermediate scrutiny.
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 ...
For female athletes of color, scrutiny around gender rules and identity is part of a long trend. NOREEN NASIR. August 5, 2024 at 9:20 AM. ... to how the test was shared with us, to how the tests ...
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 ...