CONSTITUTIONAL LAW
W.B. Fisch, Fall 2006
Assignment #32

C. Classifications Based on Gender

• REED V. REED, p. 754 (1971)
• what is the regulation, and what is its purpose?
• selecting qualified estate administrators?
• choosing among equally qualified estate administrators?
• what standard of review does the Court apply?
• rational basis?
• is the purpose legitimate?
• is the classification rationally related to its purpose?
• heightened scrutiny?
• FRONTIERO V. RICHARDSON, p. 755 (1973)
• what is the regulation, and what is its purpose?
• against which gender does the regulation allegedly discriminate, and how?
• what standard of review does the Court apply?
• rational basis?
• is the government's purpose legitimate?
• is the classification rationally related to its purpose?
• heightened scrutiny?
• is the importance of the purpose questioned?
• is a closer fit required than would normally be expected under a rational basis test? If so, how much closer?
• CRAIG V. BOREN, p. 759 (1976)
• what regulation, and what is its purpose?
• what standard of review is applied?
• "strict scrutiny"?
• if not, why not?
• which gender is disadvantaged by the classification? So what?
• is gender discrimination analogous to race discrimination?
• character of gender identification
• history of discrimination
• likelihood of legitimate reasons for classifying by gender
• When is a gender classification actually being used?
• pregnancy
• Geduldig, p. 766: exclusion of disabilities due to normal pregnancy
• Nashville Gas Co. v. Satty, p. 767: denial of seniority credit for pregnancy leave, as distinguished from disability leave
• use of mortality tables which differentiate by gender, to determine pension benefits: Manhart and Norris, p. 767