{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

sexepflow - Constitutional Law II Fall 2006 Prof Manheim...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
SEX DISCRIMINATION Prof. Manheim Constitutional Law II Fall, 2006 Factors Sex Because of By Law Discrimination STEP 1: SELECT STANDARD OF REVIEW 3 2 1 Indicia of suspectness discrimination against class is grossly unfair immutable trait (thus minimizing individual responsibility and control) political power- lessness (immu- nizing the legis- lature from politi- cal accountability) history of pur- poseful discrim- ination (tending toward stereotype and stigma) 4 See US v. Carolene Products (fn.4: "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry") Parham v. Hughes ("imposing disabilities on [immutable traits] is contrary to the basic concept of our system that legal burdens should bear some relationship to individual responsibility or wrongdoing") Cleburne Living Center
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Ask a homework question - tutors are online