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1
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0042017641
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42 U.S.C. §§ 2000e-2000e-17 (1994)
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42 U.S.C. §§ 2000e-2000e-17 (1994).
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2
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0043019442
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See Korematsu v. United States, 323 U.S. 214 (1944)
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See Korematsu v. United States, 323 U.S. 214 (1944). Korematsu, the Japanese exclusion case, was the last time the Supreme Court upheld a race-specific statute disadvantaging a racial minority under the strict scrutiny/compelling state interest standard used to judge the constitutionality of racial classifications. The Court's somewhat more lenient stance toward gender classifications through use of its intermediate scrutiny test has also resulted in the invalidation of most gender-specific laws, except for the few that the Court regards as implicating real (i.e., biologically based) differences between the sexes. See Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913 (1983).
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3
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84926272626
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Sex Equality, Sex Differences, and the Supreme Court
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See Korematsu v. United States, 323 U.S. 214 (1944). Korematsu, the Japanese exclusion case, was the last time the Supreme Court upheld a race-specific statute disadvantaging a racial minority under the strict scrutiny/compelling state interest standard used to judge the constitutionality of racial classifications. The Court's somewhat more lenient stance toward gender classifications through use of its intermediate scrutiny test has also resulted in the invalidation of most gender-specific laws, except for the few that the Court regards as implicating real (i.e., biologically based) differences between the sexes. See Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913 (1983).
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(1983)
YALE L.J.
, vol.92
, pp. 913
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Freedman, A.E.1
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4
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0042518470
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Under Title VII, for example, all racially based policies are specifically prohibited, with a narrow exception for carefully crafted affirmative-action programs. See United Steelworkers v. Weber, 443 U.S. 193, 208 (1979). Although not absolutely prohibited, explicit sex-based policies are invalid
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Under Title VII, for example, all racially based policies are specifically prohibited, with a narrow exception for carefully crafted affirmative-action programs. See United Steelworkers v. Weber, 443 U.S. 193, 208 (1979). Although not absolutely prohibited, explicit sex-based policies are invalid
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