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Why are laws regarding women not subject to the strict scrutiny test?
Wiki User
∙ 15y ago
women do not qualify as a "discrete and insular minority."
Wiki User
∙ 15y ago
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Why are Laws concerning women are not subject to the strict scrutiny test?
Women do not qualify as a "discrete and insular minority".
Law concerning women are not subjected to the strict scrutiny Test because..?
there are no laws that apply only to women.
Laws concerning women are not subject to the scrutiny test because?
laws concerning women are not typically subject to the scrutiny test because gender is considered a suspect classification under the Equal Protection Clause of the Fourteenth Amendment. This means that laws that discriminate based on gender are subject to a higher level of judicial review to ensure they serve important governmental objectives and are substantially related to achieving those objectives.
Intermediate scrutiny is the classification test generally applied to issues concerning which minority group?
Women
Mother or powerful women?
Strict leader
What is strict about muslim?
Women having to cover their hair.
Are Virgo women good mothers?
Yes, but they're strict perfectionists.
How were greek women kept under strict control?
with a whip you dip
What test does the US Supreme Court use to determine the validity of laws that discriminate between groups of people?
The US Supreme Court often applies two levels of scrutiny to laws that may discriminate against groups of people. The rational basis test is always applied first when a state or federal statute is challenged as a violation of the Fourteenth Amendment Equal Protection Clause. In order for the law to survive the first challenge, the Court must be satisfied that the law is "rationally related to a legitimate government interest."If a law, policy or executive order has a detrimental effect on an identifiable class of people (women, ethnic minorities, etc.), it must meet the higher standard of strict scrutiny, requiring the law serve a compelling government interest (compelling is not defined, but is understood to represent a higher level of legitimacy); be narrowly tailored to do no more than achieve the specific compelling interest; and must use the least restrictive means to accomplish this end.In a study of federal cases that underwent strict scrutiny between 1990 and 2003, "Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Court," Adam Winkler of the UCLA School of Law, discovered the application of strict scrutiny in federal courts resulted in approximately 30% of the laws being upheld, and 70% being overturned, overall.Winkler contends the results are highly context-sensitive relative to the entity that passed the law: 50% of federal laws withstand this level of review; while only 29% of state statutes and 17% of city ordinances are likely to be upheld.Statistics also vary depending on the type of law undergoing constitutional analysis. According to Winkler, "...27% of suspect classifications, 22% of free speech restrictions, 24% of fundamental rights infringements, 33% of freedom of association burdens, and 59% of religious liberty burdens adjudicated under strict scrutiny survive."Winkler, Adam, Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Courts. Vanderbilt Law Review, Vol. 59, p. 793, 2006; UCLA School of Law Research Paper No. 06-14.For more information, see Related Links, below.
What rules were there regarding clothing for women?
that all depends on where and when
What has the author Medhanit Legesse Negash written?
Medhanit Legesse Negash. has written: 'Major changes made by the revised Family Law of 2000 regarding women's rights and the need to enhance awareness of the society' -- subject(s): Women, Legal status, laws, Women's rights
How did the courts change the standard they used to evaluate laws that affected women?
They replaced the reasonableness standard with intermediate scrutiny. yay Apex :P
