#intermediate scrutiny

[dailyqueernews]

How a Court Decision Might Make Pending LGBT Legislation Obsolete

How a Court Decision Might Make Pending LGBT Legislation Obsolete

Travis Knoll | Huffington Post | December 27, 2015

On December 15, U.S. Federal Judge Dean Pregerson ruled that the line between gender and sexual orientation discrimination “does not exist.” The ruling, addressing discrimination against a pair of lesbian basketball players at Pepperdine University, has the potential to put sexual orientation under the umbrella of established civil rights laws.…

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[expectingpatronuses]

Isn't it hilarious that the current elevated standard of review for gender-based discrimination court cases was established in a case where girls were allowed to buy beer earlier than boys

[notoriousrbg]

Sex classifications may be used to compensate women “for particular economic disabilities [they have] suffered,” to “promot[e] equal employment opportunity,” to advance full development of the talent and capacities of our Nation's people. But such classifications may not be used, as they once were, to create or perpetuate the legal, social, and economic inferiority of women.

United States v. Virginia, 518 U.S. 515, 533-34 (1996) (citations omitted).

[studyforthebar]

Intermediate Scrutiny

Scrutiny for equal protection gender and legitmacy

Must ask:

Is the law substantially related to an important interest?

Burden of proof is on the government