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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 ratification of the Nineteenth Amendment in 1920, which granted women the right to vote, [9] was an important step in increasing women's political influence and advancing gender equality. Subsequent civil rights movements in the 20th century further challenged discriminatory practices, and in 1964, Title VII of the Civil Rights Act was ...
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.
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.
Sen. Bo Biteman, R-Ranchester, is the sponsor of Senate File 130, "The equality state not equity state act," a bill that prohibits diversity, equity and inclusion (DEI) programs in all ...
Either of these forms of discrimination would trigger a heightened scrutiny standard of review which, the government argues, the law would not survive. [11] [8] Gender discrimination has a lower standard of review than racial discrimination: namely, intermediate scrutiny since Craig v. Boren (1976).
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 ...