Gender Discrimination and the Law

Paper Summary:

The paper explains that the Equal Protection Clause of the Fourteenth Amendment ensures that states cannot promulgate or enforce a law that violates constitutional freedoms. The paper discusses the three degrees of scrutiny that are applied by the courts in analyzing statutes challenged under the Equal Protection Clause. In particular, the paper looks at various gender-based court cases and focuses on a 1996 case, United States v. Virginia, and its outcome.

From the Paper:

"Three degrees of scrutiny are applied by the courts in analyzing statutes challenged under the Equal Protection Clause. If a legislative classification disadvantages a "suspect class" or infringes upon the exercise of a "fundamental right," then the courts will employ strict scrutiny and the statute must fall unless the government can demonstrate that the classification has been narrowly tailored to serve a compelling governmental interest."

Sample of Sources Used:

• Bradwell v. State of Illinois, 83 U.S. 130, U.S. Sup. Ct., 1873.
• Craig v. Boren, 429 U.S. 190, U.S. Sup. Ct., 1976.
• Oregon v. Mitchell, 400 U.S. 112., U.S. Sup. Ct., 1970.
• Rostker v. Goldberg, 453 U.S. 57, U.S. Sup. Ct., 1981.
• United States v. Virginia, 518 U.S. 515, U.S. Sup. Ct., 1996.

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