Friday, June 22, 2012

Equal Rights Amendment

The test for 14th amendment protections of racial calssifications is strict scrutiny. The flip side of this is that affirmative action programs are also subjected to strict scrutiny (because they also discriminate based upon racial classification - they just are just done in favor) Usually, the test for discrimination for women is intermediate scrutiny. Washington has adopted the equal right amendment in the constitution which means that they also flip their analysis of pro-women policies to strict scrutiny. You should compare the strike down at the fed level / state level or another state taht still uses intermediate scrutiny.