PSC 2302 Lecture Notes - Lecture 18: Rational Basis Review, Strict Scrutiny, Quasi
6 Dec 2016
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Document Summary
Issue 1: is gender a suspect classification: why some say yes. Response today: quasi suspect, thus, intermediate scrutiny. Not the level of discrimination as in race. Intermediate scrutiny test/heightened scrutiny: applies to discrimination based on quasi=suspect classification - who. Only for gender so far: for law to be valid, why- important government interest or very persuasive justification, contrast this language with this test to the other test. Background: vmi is a state school, admitted only male applicants. To exclude all women for their assumption required hard evidence: can"t base this on stereotypes about women and their abilities. Basis of their assumption - state did not take the alternatives to account: how- vwil provided is not substantively comparable quality, outcome- vmi must allow women, epc and other categories that are not suspect, age. Logic- everyone will be old one day and not history of legal discrimination. There are some legally significant differences like mandatory retirement.
