The Legal Standard Is Intermediate Scrutiny

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I represent BAE, Respondent, and I respectfully request that the court affirm the decision of the US Court of Appeals for the Second Circuit which upheld BAE’s exclusion of Frynee from BAE on the basis of her gender.

Issue: Did BAE discriminate against Frynee in violation of her right to equal protection of the laws under the 14th Amendment of the US Constitution?

The legal standard is intermediate scrutiny. In order to disprove negligence, the challenged classification must serve an important state interest and is at least substantially related to serving that interest.
This case involves a female student that is unable to attend an all-boys school. Cases that deal with gender discrimination are subject to intermediate scrutiny.

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When the DOE representative was sorting students into schools, there were no more seats left available in BAE, so she was placed in NWA. The DOE was not aware of Frynee’s gender when they made this decision. Frynee’s parents filed a lawsuit against the NYC Department of Education and BAE alleging that they violated her rights under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. The Easter District of New York ruled that the NYC DOE and BAE did violate Frynee’s right by denying her admission to BAE. The NYC DOE and BAE appealed to the United States Court of Appeals for the Second Circuit, where the ruling of the Eastern District of New York was reversed. Frynee Fisher appealed to the Supreme Court of the United States.

1) BAE being an all boys school served an important government interest because it boosted the academic performance of boys, and bridged the gap between them and the girls. 2) Statistics show that boys at BAE are thriving academically. 3) BAE did not generalize boys and girls.
4) Frynee primarily wanted to attend BAE in order to play football. BAE offered a solution to that by allowing her to practice and coach the football team.
5) The DOE did not know Frynee’s gender when they decided to not place her in BAE.

BAE served an important government interest.
BAE served the important government interest of improving the academic performance boys in
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