Which of the following is true about gender classifications under equal protection?

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Study for the ALA Civil Procedure and Constitutional Law Exam. Engage with challenging multiple choice questions, each with explanations. Prepare effectively for your exam today!

Multiple Choice

Which of the following is true about gender classifications under equal protection?

Explanation:
Gender classifications receive intermediate scrutiny. This means the government must show that the classification serves an important objective and that the means chosen are substantially related to achieving that objective. It sits between rational basis review (which is very deferential) and strict scrutiny (which requires a compelling interest). The phrase “compelling objective” is tied to strict scrutiny, not the standard for gender classifications. Thus, the government’s justification must demonstrate an important purpose and a close relation between the means and that purpose, not an extremely narrow or necessary relation.

Gender classifications receive intermediate scrutiny. This means the government must show that the classification serves an important objective and that the means chosen are substantially related to achieving that objective. It sits between rational basis review (which is very deferential) and strict scrutiny (which requires a compelling interest). The phrase “compelling objective” is tied to strict scrutiny, not the standard for gender classifications. Thus, the government’s justification must demonstrate an important purpose and a close relation between the means and that purpose, not an extremely narrow or necessary relation.

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