Equal Citizen And Gender Status

1517 WordsJan 3, 20167 Pages
equal citizen. This approach requires an expansion of the meaning of equality to include all choices people make in their lives. If we look at it in this way, equality means the right not to have one’s life split between career and family. It also means the right to control one’s own social roles. From an inequality perspective, the test in any case would be “whether the policy or practice in question integrally contributes to the maintenance of an underclass or a deprived position because of gender status.” If the law continues to contribute to the repression of women, the court must then deliberate if the law has a substantial impact on perpetuating the inequality of women. If so, the court must use the strict scrutiny analysis to see if the law is reasonable in having a compelling state interest. Therefore, the inequality test moves away from the current equal protection analysis in that is does not need to have a link between similarly situated classes of people. This difference is important because laws that govern reproductive biology rule ways in which women and men are not similarly situated. Moreover, this test demands a strict security analysis of cases that perpetuate the oppression of women, rather than the intermediate scrutiny analysis, which is, applied to all gender cases. Therefore, things that make men and women different like pregnancy or sexuality would automatically prompt strict scrutiny. From this new equality perspective then, the abortion question
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