Understanding Levels of Scrutiny.
When we are dealing with the three levels of scrutiny the most accurate way to think of the various levels would be that they are a means-end analysis which are applied to the discriminatory law. These levels of scrutiny are used to determine whether a law is constitutional under the “equal protection” clause. This was all put into place due to the case Brown v. Bd. Of Education U.S. 483 (1954) which was stating the different colors of race had to be separated but later was reversed by that case Plessy v. Ferguson which stated that everyone should be treated a like and there should not be any rational distinctions.
One of the levels is Strict Scrutiny, which is the legal standard for determining whether any …show more content…
It’s important to understand that the person being discriminated against can NOT simply claim “this is discrimination” or that “my rights are being violated.” The first statement is given in the facts and the second statement is the issue to be decided. Laws discriminate all the time. Some discrimination is at times constitutionally permissible, but some of it is not. For example, laws that prevent individuals under the age of 18 from voting, or when they deny admission to a university unless you have a high school diploma all discriminate, but all are perfectly legal forms of discrimination under the Constitution. So, the relevant legal question is NOT whether there is discrimination, but whether there is arbitrary or irrational or unreasonable …show more content…
For this level it must serve an important governmental objective and must be substantially related to achievement of those objectives. This level places a burden of proof on the government due to it applying on cases involving sexual orientation. The case Craig v. Boren, 429 U.S. 190 (1976), was brought up to court due to it being discriminating towards males since the females had a younger age to purchase and consume alcohol. It was decided that it would be invalidated for any state law that implanted unequal alcohol purchasing age for either gender. Another case was United States v. Virginia, 518 U.S. 515 (1996), this case was on the issue of a military cadet school only having male members and it was later overturned to having female members join to have an equal opportunity of being a part of the military
When we are dealing with the three levels of scrutiny the most accurate way to think of the various levels would be that they are a means-end analysis which are applied to the discriminatory law. These levels of scrutiny are used to determine whether a law is constitutional under the “equal protection” clause. This was all put into place due to the case Brown v. Bd. Of Education U.S. 483 (1954) which was stating the different colors of race had to be separated but later was reversed by that case Plessy v. Ferguson which stated that everyone should be treated a like and there should not be any rational distinctions.
One of the levels is Strict Scrutiny, which is the legal standard for determining whether any …show more content…
It’s important to understand that the person being discriminated against can NOT simply claim “this is discrimination” or that “my rights are being violated.” The first statement is given in the facts and the second statement is the issue to be decided. Laws discriminate all the time. Some discrimination is at times constitutionally permissible, but some of it is not. For example, laws that prevent individuals under the age of 18 from voting, or when they deny admission to a university unless you have a high school diploma all discriminate, but all are perfectly legal forms of discrimination under the Constitution. So, the relevant legal question is NOT whether there is discrimination, but whether there is arbitrary or irrational or unreasonable …show more content…
For this level it must serve an important governmental objective and must be substantially related to achievement of those objectives. This level places a burden of proof on the government due to it applying on cases involving sexual orientation. The case Craig v. Boren, 429 U.S. 190 (1976), was brought up to court due to it being discriminating towards males since the females had a younger age to purchase and consume alcohol. It was decided that it would be invalidated for any state law that implanted unequal alcohol purchasing age for either gender. Another case was United States v. Virginia, 518 U.S. 515 (1996), this case was on the issue of a military cadet school only having male members and it was later overturned to having female members join to have an equal opportunity of being a part of the military