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

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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
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This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.

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