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A state law sets the mandatory retirement age for police officers at 55 years for males, 52 years for females, and 60 years old for any desk job or dispatch position of either gender
- A state law sets the mandatory retirement age for police officers at 55 years for males, 52 years for females, and 60 years old for any desk job or dispatch position of either gender. Assume for the purpose of this question only that Annie, a sixty-two-year-old female dispatcher, challenges the law, asserting that it violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Annie's claim will most likely
- succeed, because the classification established by the state law is based on gender.
- succeed, unless the state law is substantially related to the achievement of important governmental interests.
- not succeed, unless the classification is found to be based on benign sex discrimination.
- not succeed, because gender discrimination is not based on a suspect classification.
Expert Solution
- succeed, because the classification established by the state law is based on gender.
Step-by-step explanation
During intermediate scrutiny, judges will look at whether a legislation is constitutional under the circumstances. Intermediate scrutiny is only used when a state or the federal government passes a law that has a detrimental impact on women's health or reproductive rights.
in Craig v. Boren, 429 U.S. 190, the Supreme Court established the intermediate scrutiny rule, which was then used on legislation that discriminated against women on the basis of gender. Throughout the years, courts have determined that gender is a protected class, and so any law that discriminates on the basis of gender must pass the intermediate scrutiny test before being implemented.
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