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Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review.The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
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 ...
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 ...
Under the Equal Protection Clause, when the law targets a "quasi-suspect" classification, such as gender, the courts apply intermediate scrutiny, which requires the law to be substantially related to an important government interest. As the name implies, it is more strict than rational basis review but less strict than strict scrutiny.
Frontiero v. Richardson, 411 U.S. 677 (1973), was a landmark United States Supreme Court case [1] which decided that benefits given by the United States military to the family of service members cannot be given out differently because of sex.
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 ...
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]