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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.
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 ...
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]
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 ...
The higher levels of scrutiny are intermediate scrutiny and strict scrutiny. [2] Heightened scrutiny is applied where a suspect or quasi-suspect classification is involved, or a fundamental right is implicated. [1] In U.S. Supreme Court jurisprudence, the nature of the interest at issue determines the level of scrutiny applied by appellate ...
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.
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 ...
In contrast, rational basis scrutiny merely requires that a challenged statute be "reasonably related" to a "legitimate" government interest. However, in the 1976 case of Craig v. Boren, the Court added another tier of scrutiny, called "intermediate scrutiny", regarding gender discrimination.