Constitutional Law: Protection of Individual Rights: Equal Protection: Gender

• Equal Protection: Gender: Subject to intermediate scrutiny. Generally, purposeful, intentional discrimination is required. Discriminatory impact/effect alone is not enough to trigger intermediate scrutiny.

• EX: MA law giving hiring preferences to veterans for civil service jobs. 98% of veterans were male. While there was discriminatory effect, there was no discriminatory purpose. Intermediate scrutiny not met. The law was upheld using RBR.

• EX: City ordinances that provide for height and weight requirements for police officers are okay.

• Discriminatory use of peremptory challenges based on gender denies equal protection.

• Sexual stereotypes: Law applying archaic sexual stereotypes will be constitutional.

• EX: women only admission police at nursing college = struck down because it reinforces a stereotype.
• EX: laws requiring only men to pay alimony = unconstitutional.