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Sex discrimination doctrine has evolved from the rational basis standard of the 1960s through the intermediate scrutiny revolution of the 1970s to the demanding "exceedingly persuasive justification" standard of United States v. Virginia — a standard that approaches strict scrutiny in its rigor and that has invalidated every sex-based government classification it has been applied to. Today the doctrine is expanding further to address transgender rights, gender identity discrimination, and the constitutional dimensions of biological sex versus gender identity.
The Constitutional Sex and Gender Warrior is Volume LXXIII of Wayne Richard Evangelista's Constitutional Law Series, delivering the complete practitioner's guide to sex and gender equal protection doctrine.
Wayne Richard Evangelista covers the full sex and gender constitutional landscape: Reed v. Reed's first application of heightened scrutiny to sex discrimination; Frontiero v. Richardson's plurality argument for strict scrutiny; Craig v. Boren's establishment of intermediate scrutiny; United States v. Virginia (VMI) and the exceedingly persuasive justification standard; sex stereotyping as sex discrimination from Price Waterhouse v. Hopkins through Bostock v. Clayton County's extension to sexual orientation and gender identity in Title VII — and the constitutional dimensions of that statutory landmark; transgender rights — Grimm v. Gloucester County School Board, United States v. Skrmetti, and the developing constitutional framework for gender affirming care restrictions; pregnancy discrimination from Geduldig v. Aiello through Young v. United Parcel Service; sex discrimination in selective service under Rostker v. Goldberg and the ongoing challenge; and the intersection of sex, religion, and anti-discrimination law.
The Constitutional Sex and Gender Warrior
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