GPO-CONAN-2017-10-15.pdf

A child abroad than for a similarly situated

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a child abroad than for a similarly situated unmarried U.S. citi- zen. 1941 As a result, the Court held that the longer physical pres- ence requirement for unwed U.S. citizen fathers governed, as that is the remedy that “Congress likely would have chosen had it been apprised of the constitutional infirmity.” 1942 Another area presenting some difficulty is that of the relation- ship of pregnancy classifications to gender discrimination. In Cleve- land Board of Education v. LaFleur , 1943 which was decided upon due process grounds, two school systems requiring pregnant school teachers to leave work four and five months respectively before the expected childbirths were found to have acted arbitrarily and irra- tionally in establishing rules not supported by anything more weighty than administrative convenience buttressed with some possible em- barrassment of the school boards in the face of pregnancy. On the other hand, the exclusion of pregnancy from a state financed pro- gram of payments to persons disabled from employment was up- held against equal protection attack as supportable by legitimate state interests in the maintenance of a self-sustaining program with rates low enough to permit the participation of low-income workers at affordable levels. 1944 The absence of supportable reasons in one 1938 See Morales-Santana v. Lynch, 804 F.3d 521, 535 (2d Cir. 2015). 1939 See Morales-Santana , slip op. at 25 (quoting Califano v. Westcott, 443 U.S. 76, 89 (1979)). 1940 Id. at 2–4, 26. 1941 Id. at 26 (“For if [the] one-year dispensation were extended to unwed citi- zen fathers, would it not be irrational to retain the longer term when the U.S. citi- zen parent is married?”). 1942 Id. at 27 (internal citations and quotations omitted). 1943 414 U.S. 632 (1974). Justice Powell concurred on equal protection grounds. Id. at 651. See also Turner v. Department of Employment Security, 423 U.S. 44 (1975). 1944 Geduldig v. Aiello, 417 U.S. 484 (1974). The Court denied that the classifi- cation was based upon “gender as such.” Classification was on the basis of preg- 2190 AMENDMENT 14—RIGHTS GUARANTEED
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case and their presence in the other may well have made the sig- nificant difference. Illegitimacy After wrestling in a number of cases with the question of the permissibility of governmental classifications disadvantaging il- legitimates and the standard for determining which classifications are sustainable, the Court arrived at a standard difficult to state and even more difficult to apply. 1945 Although “illegitimacy is analo- gous in many respects to the personal characteristics that have been held to be suspect when used as the basis of statutory differentia- tions,” the analogy is “not sufficient to require ‘our most exacting scrutiny.’ ” The scrutiny to which it is entitled is intermediate, “not a toothless [scrutiny],” but somewhere between that accorded race and that accorded ordinary economic classifications. Basically, the standard requires a determination of a legitimate legislative aim and a careful review of how well the classification serves, or “fits,” the aim.
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