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An example of a court using intermediate scrutiny came in Craig v. Boren , 429 U.S. 190 (1976), which was the first case in the United States Supreme Court which determined that statutory or administrative sex-based classifications were subject to an intermediate standard of judicial review .
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 ...
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 ...
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]
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 ...
Khelif and Taiwanese boxer Lin Yu-Ting, who won her bout Sunday after similar abuse and questions about her gender, are the latest examples of women of color who have found themselves caught in ...
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).