The legal standard is intermediate scrutiny. In order to disprove negligence, the challenged classification must serve an important state interest and is at least substantially related to serving that interest.
This case involves a female student that is unable to attend an all-boys school. Cases that deal with gender discrimination are subject to intermediate scrutiny.
Frynee Fisher and her family moved to downtown Brooklyn, New York from Green Valley, Arizona. When it came time for Frynee and her brother, Freddie, to apply to middle school, her parent went to the Department of Education in order to register …show more content…
BoE
Not allowing girls to attend BAE is merely an administrative convenience.
Facts from the case:
BAE will have to build facilities for girls.
The curriculum will have to be altered in order to accommodate girls.
“In both Reed and Frontiero the reason asserted to justify the challenged gender-based classifications was administrative convenience, and that alone.” Schlesinger v. Ballard
Keeping BAE as an all-boys school is substantially related to the important government interest because boys are thriving academically, more so than they were in co-ed schools.
Keeping BAE and all-boys school would be good public policy because the students are used to that environment. By making it co-ed, there is a chance that boys might go back to performing poorly in school. Also, since the curriculum is tailored to fit the needs of males, many females might not be as comfortable in that environment and could possible perform