Question

Why are laws concerning women not subject to the strict scrutiny test?

Responses

Women's rights are not typically restricted.

Women's rights are not typically restricted.

Women do not qualify as a "discrete and insular minority."

Women do not qualify as a "discrete and insular minority."

There are no laws that apply only to women.

There are no laws that apply only to women.

all of the above

Answer 1

Correct answer: "Women do not qualify as a 'discrete and insular minority.'"

Explanation (brief): Under Equal Protection doctrine, strict scrutiny applies to classifications involving a suspect class (e.g., race, national origin) or a fundamental right. The Supreme Court has not treated sex as a suspect classification; instead sex-based laws are reviewed under intermediate scrutiny (Craig v. Boren, 1976), requiring an “exceedingly persuasive justification” (see also United States v. Virginia, 1996). The other choices are incorrect: women’s rights can be restricted and some laws apply only to women, but the Court historically declined to treat sex as triggering strict scrutiny.