A boy who attends a boys-only public school seeks to enroll in a home economics course that is only offered at the girls-only school.His family sues the school system so he can attend the girls' school.Imagine the case goes before the Supreme Court.What standard of review would the Court MOST likely use to examine this purported discrimination?

Question

Quizplus · Accepted Answer

The Supreme Court would most likely use the intermediate standard of review for cases involving gender discrimination. This standard requires that the discriminatory policy serve an important government objective and that the means employed are substantially related to achieving that objective. Gender-based classifications are not inherently suspect to the extent that racial classifications are (which would trigger strict scrutiny), nor are they given the most lenient review (rational basis review). The intermediate standard is specifically tailored for evaluating gender discrimination.

A Boy Who Attends a Boys-Only Public School Seeks to Enroll