Nguyen v. INS: The Supreme Court Rationalizes Gender-Based Distinctions in Upholding an Equal Protection Challenge
Citation Information
Title
Nguyen v. INS: The Supreme Court Rationalizes Gender-Based Distinctions in Upholding an Equal Protection Challenge
Nguyen v. INS: The Supreme Court Rationalizes Gender-Based Distinctions in Upholding an Equal Protection Challenge
Authors
Alexander, Rachel K.
Alexander, Rachel K.
Journal
Creighton Law Review
Creighton Law Review
Volume
35
Pages
789
Date
2002
35
Pages
789
Date
2002
Metadata
Show full item recordAbstract
INTRODUCTIONIn 1973, the United States Supreme Court, in Frontiero v. Richardson, announced that classifications based on gender were suspect, like those classifications baled on race, alienage, and national origin, and warranted a heightened level of scrutiny. The Court noted gender, like other suspect classifications, was an "immutable characteristic determined solely by the accident of birth." The Court further noted gender could be distinguished from non-suspect classes, such as intelligence or physical disability, because a person's gender frequently bore no relationship to the person's ability to perform in or contribute to society...