Question

Gender discrimination currently receives “intermediate” fourteenth amendment scrutiny. is this right? should gender receive “strict” scrutiny as does race? why or why not?

Answer 1

This really depends on your beliefs in if gender discrimination is as big of a deal as racial discrimination. The 14th amendment is the Equal Protection Clause, it was mainly for the slaves that had been freed in the U.S after the civil war. It basically forbids the states to restrict basic rights of citizens without going through the process of law or being protected by the law. But has recently been used in cases to of gender discrimination.

I believe it is perfectly justified for the 14th amendment to be acted in cases of gender discrimination. The 14th amendment does not have to be dedicated completely to race, but can have multiple purposes and be dedicated to gender discrimination as well. Because the 14th amendment does not mention race in its context, but mentions that basic rights shall not be stripped from citizens.