The Legal Standard Is Intermediate Scrutiny

1906 Words Nov 2nd, 2015 8 Pages
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.

Frynee Fisher and her family moved to downtown Brooklyn, New York from Green Valley, Arizona. When it came time for Frynee and her brother, Freddie, to apply to middle school, her parent went to the Department of Education in order to register their children. A DOE representative informed the parent that they had to fill out a Student Registration Request Form, also known as an SRRF. She also informed them that the DOE reserved the right to place the child in any school in the district, regardless of the parent’s preferred choices. This disclaimer was also also written on the SRRF form,.While filling out Frynee’s from, her mother neglected to mark the gender selection box. She marked the Boerum Hill Academy of Excellence, BAE, as her first…
Open Document