Difference between revisions of "Intermediate scrutiny"

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The intermediate scrutiny test in constitutional law is applied to statutes that affect quasi-suspect classifications such as making distinctions based on gender.  This test requires invalidating a statute that discriminates based on gender unless the government can prove that the statute is substantially related to an important government purpose.
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The '''intermediate scrutiny''' test in constitutional law is applied to statutes that affect quasi-suspect classifications such as making distinctions based on gender.  This test requires invalidating a statute that discriminates based on gender unless the government can prove that the statute is substantially related to an important government purpose.
  
 
If the [[Equal Rights Amendment]] had passed, then the [[strict scrutiny]] test would be applied to all gender-related laws and rules, and that test is almost impossible to pass.
 
If the [[Equal Rights Amendment]] had passed, then the [[strict scrutiny]] test would be applied to all gender-related laws and rules, and that test is almost impossible to pass.
 
[[category:law]]
 
[[category:law]]

Revision as of 16:43, January 12, 2010

The intermediate scrutiny test in constitutional law is applied to statutes that affect quasi-suspect classifications such as making distinctions based on gender. This test requires invalidating a statute that discriminates based on gender unless the government can prove that the statute is substantially related to an important government purpose.

If the Equal Rights Amendment had passed, then the strict scrutiny test would be applied to all gender-related laws and rules, and that test is almost impossible to pass.