3 ms·
Really? Gender-based discrimination is subject to intermediate scrutiny, not strict scrutiny (which is used for race). I thought it was well-known that some sch
by gnicholas 3y ago
Really? Gender-based discrimination is subject to intermediate scrutiny, not strict scrutiny (which is used for race). I thought it was well-known that some schools give boys a leg up because otherwise they would be 60/40 girls/boys.
This article [1] indicates that state schools cannot discriminate, but private schools can. It's a decade old, but I can't think of any intervening laws/cases that would have changed this analysis (IAAL).
1: https://fedsoc.org/commentary/publications/affirmative-action-for-men-strange-silences-and-strange-bedfellows-in-the-public-debate-over-discrimination-against-women-in-college-admissions https://fedsoc.org/commentary/publications/affirmative-actio...
- s1artibartfast 3y agoI don't know how prevalent gender discrimination is in colleges. My understanding is that enrollment and admission numbers do in fact overwhelmingly admit women over men, at approximately a 60/40 ratio. The article you reference states that while some private institutions can be single gender, once they choose to admit both, they are legally prohibited from discriminating to maintain a 50-50 balance. It could be very well true that some or many institutions are violating the law, but I don't think that negates the point that I made about what the law is.
- gnicholas 3y agoI posted hastily — it looks like schools can discriminate legally by disallowing a sex entirely, but not in gradations.