3 ms·
Would it be ok if we swapped gender with race, religion or any other protected class? There's your answer.
by cryptarch 9y ago
Would it be ok if we swapped gender with race, religion or any other protected class?
There's your answer.
- dragonwriter 9y agoNote that gender is not, in Constitutional case law, in the same tier of protected classes as race and religion (the last two are subject to strict scrutiny, the first to intermediate scrutiny.) Even where the same justification applies, a distinction that survives intermediate scrutiny may not survive strict scrutiny.
- cryptarch 9y agoMy bad. Is sex included though?