Term
| 4 standards for higher scrutiny |
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Definition
1. immutable characteristic
2. political exclusion
3. history of discrimination
4. legit govt. goals |
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Term
| is the law under inclusive or over inclusive? |
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Definition
easier to find acceptable under rational basis
hard to prove necessary under intermediate and strict scrutiny |
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Term
| is the law facially discriminatory |
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Definition
| when a law draws a distinction between individuals in the text of the law |
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Term
| is the law facially neutral |
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Definition
must prove both:
1. that there is an impact
2. and that there was a distinct purpose |
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Term
| Gender Classifications that will be held as an important state interest if aimed at: |
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Definition
1. remedying past discrimination
2. benefitting women (without burdening men)
3. biological differences |
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Term
| Gender classifications that will be held unconstitutional if aimed at: |
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Definition
1. continuing past negative stereotypes/roles of women
2. burdening women/intentionally bad for women
3. keeping women in their roles |
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