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Equal Protection - Craig v Moren(1976 7-2 o This case...

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Equal Protection “suspect” classifications Plessey 1896 Reed 1971 Strauder 1880 Frontiero 1973 Korematsu 1944 Craig 1976 Race Sex Levels of Scrutiny Race Sex Rational Basis Strict Scrutiny Maybe the Scrutiny for sex should be slightly higher. (Reed v. Reed) Sex is immutable and apparent, same with race. Both have legally excluded minorities. Social prejudice. Stereotypes among women. Difference Happens at very different times of the US history. Women are in fact a majority Women unlike slaves were never property Residentially integrated Reed v. Reed (1971) Probate court gave to the Man, Cecil. Supreme court says it violates the equal protection clause of the 14 th amendment. Unanimous decision by the Court. This dissimilar treatment of men and women is unconstitutional. Frontiero v. Richardson (1973) 8 – 1 Burden for women to get their benefits, men get automatically. Presumption that women are dependent on men’s financial support Case suggests strict scrutiny, so the case maybe gets intermediate scrutiny.
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Unformatted text preview: Craig v. Moren (1976) 7 -2 o This case clears the scrutiny level for sex. o Lower age standard for women to buy beer. o Applied an Intermediate level of scrutiny. o Equal protection is higher on the list than what the legislature may believe • Gedulgid v. Aielio (1974) pregnancy classifications 6 – 3 o Biological Difference for the tree cases… o Not sexual discrimination, its against condition of person. Should men and women be considered under sexual discrimination even if one sex is involved. • Michael M. v. Superior Court (1981) 5 - 4 o Male can be punished for statutory rape for consensual or non consensual sex of the underage female. Law only punishes males. Law is upheld o Reynquist Ya it makes sense o Out modded sexual stereotypes. • Rostker v. Goldberg (1981) o Men challeneged the constitutionalty of the draft. o Supreme court overturned the claim saying it was unconstitutional o It is constitutional to draft only men o...
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