For Thursday

Monday audio--with transcript, without transcript. Reax Papers for Panels ## 14 and 15 due at 7 p.m. Thursday. Reax Papers for Panels ## 16 (Schools) and 17 (De Jure) due at 7 p.m. next Monday.

This episode of the We the People Podcast features a history of women's rights through the 19th century and up to the 19th Amendment, including early versions of the Reconstruction Amendments that would have protected race and gender.

For Thursday, we continue with Gender Discrimination.

    • How and why did the Court move from rational-basis to strict scrutiny to intermediate scrutiny from Reed through Frontiero through Craig. What guided the Court in making this choice? How did this apply in Virginia?

    • How does the Court handle the "incidents" of gender, such as pregnancy?

    • Look at the Equal Rights Amendment--its text and current events over its ratification. Is the ERA necessary, given how the 14th Amendment has developed? Would explicit text do anything that the general "equal protection" language?

Then move to Other Classifications and Panel # 19. 

    • Note the common theme on these being not to apply heightened or strict scrutiny, but to nevertheless find laws invalid--how is the Court able to do that?
    • How can sexual-orientation discrimination be characterized as gender discrimination? Consider this on the issue of same-sex marriage.