Study Notes- Constitutional Law

1 diversity separate but equal programs 1 privacy

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Unformatted text preview: rue aim of classification, rather than race, as the basis for classification. II. Gender A. Classification 1. Explicit – Government admittedly treats males and females differently based only upon their gender. Craig v. Boren – Law prohibited sale to men under 21, and women under 18. Thus a gender classification. A. Intermediate Scrutiny 1. Important Governmental Objective a. Is it real – Did the asserted state interest really motivate the state action, or was it simply an excuse made up after the fact. 1. Not important interest a. Mere administrative convenience 1. Important interest a. Remedy nonspecific past discrimination against females a. The state has an interest in establishing diverse educational opportunities including single sex schools, so long as it does it evenhandedly b. Being able to effectively enforce criminal laws Micheal M. v. Superior Court – The law punished men for having sex with a minor but not women. The state’s purpose was to prohibit teenage pregnancies. The court upheld this because they felt there was a substantial relationship. The court said than women have there won deterrence by being pregnant. The law here is a proxy for women. a. Helping the poor, sick, or uneducated 1. Substantially related a. Solving equality among sexes – If the statute is designed to solve a gender issue, then the means and fit will almost always work. 1. Diversity – Separate but equal programs 1. Privacy – separate restrooms III. Speech A. Least protected 1. Obscenity a. Miller standard: Th...
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