Since the 1970s, the Supreme Court has tended to apply this judicial standard to cases of gender discrimination.

Since the 1970s, the Supreme Court has tended to apply this judicial standard to cases of gender discrimination.

• A. Intermediate scrutiny
• B. Reasonable standard
• C. Strict scrutiny
• D. None of these choices is true

Answer: (A)

The level of scrutiny applied to gender discrimination is being tested. Since the 1970s, the Supreme Court has used intermediate scrutiny for sex-based classifications. Under this standard, a law or policy that treats people differently because of gender must be substantially related to an important government objective. It’s a middle ground: more protective than the rational-basis review used for many non-suspect classifications, but not as stringent as strict scrutiny, which requires a compelling interest and narrow tailoring. Craig v. Boren (1976) established this approach for gender cases, and it has guided later rulings on school and workplace policies involving gender. So the best answer is that intermediate scrutiny is the standard applied to gender discrimination.

The level of scrutiny applied to gender discrimination is being tested. Since the 1970s, the Supreme Court has used intermediate scrutiny for sex-based classifications. Under this standard, a law or policy that treats people differently because of gender must be substantially related to an important government objective. It’s a middle ground: more protective than the rational-basis review used for many non-suspect classifications, but not as stringent as strict scrutiny, which requires a compelling interest and narrow tailoring. Craig v. Boren (1976) established this approach for gender cases, and it has guided later rulings on school and workplace policies involving gender. So the best answer is that intermediate scrutiny is the standard applied to gender discrimination.