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Reply #8: Someone was suggesting that racial and gender terms were the same in the [View All]

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curse10 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-06-04 09:31 PM
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8. Someone was suggesting that racial and gender terms were the same in the
eyes of the law, but my response wasn't able to get in before the lock so, here it is

If you are going to look at the law you are actually wrong in your assessment.

When deciding sexual discrimination cases the Supreme Court uses intermediate scrutiny. When deciding racial discrimination cases the court uses strict scrutiny. This means, essential, without going into the ins and outs of jurisprudence, that they are more likely to strike down a law that is racially motivated than gender oriented.
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