Judicial Branch and Sexuality Law

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Questions and Answers

What legal standard is applied in equal protection challenges to gender classifications?

Rational basis review

Intermediate scrutiny (correct)

Strict scrutiny

Substantive due process

In the landmark case Price Waterhouse, what was the basis of the discrimination claim?

Sexual orientation discrimination

Retaliation for whistleblowing

Failure to conform to gender stereotypes (correct)

Discrimination based on race

What was the outcome of Rogers v. American Airlines regarding the discrimination claim?

The case was settled out of court

The plaintiff did not win the case (correct)

The charge was dropped

The plaintiff won the case

What is considered a form of sex discrimination in the workplace according to Oncale v. Sundowner?

Same-sex sexual harassment Signup and view all the answers

What was the significance of the case Braschi v. Stahl Associates Co.?

It ruled that same-sex partners are considered 'family' under New York law. Signup and view all the answers

What is the lowest federal court in the judicial branch of the United States?

Trial Court Signup and view all the answers

Which theory posits that humans have inherent moral values derived from human nature?

Natural Law Signup and view all the answers

Which of the following theories recognizes that racism is embedded in laws and institutions?

Critical Race Theory Signup and view all the answers

Which theory challenges traditional systems of power to end sexism and oppression?

Feminist Theory Signup and view all the answers

How does Economic Theory relate to law and policy?

It analyzes law and shapes policy through economic reasoning. Signup and view all the answers

Which statement best represents the Feminist Theory's perspective?

Any gender can embody aspects of femininity and masculinity. Signup and view all the answers

What aspect does Critical Race Theory challenge in American society?

The notion of colorblindness in society. Signup and view all the answers

Natural Law is significantly influenced by which institution's principles?

Roman Catholic Church Signup and view all the answers

What key principle was established in Griswold v. Connecticut?

Married couples have an unrestricted right to use contraceptives. Signup and view all the answers

What did the Supreme Court recognize in Roe v. Wade regarding pregnancy?

Personal privacy includes the right to decide whether to continue a pregnancy. Signup and view all the answers

What does the term 'penumbra' refer to in the context of constitutional law?

A region of implied rights not explicitly stated in the Constitution. Signup and view all the answers

What ruling was established in Planned Parenthood v. Casey?

States cannot restrict a woman's right to seek an abortion before viability. Signup and view all the answers

What was the outcome of Frontiero v. Richardson regarding military benefits?

All military benefits must be distributed without regard to sex. Signup and view all the answers

Which amendment extended the Bill of Rights to the states?

14th Amendment Signup and view all the answers

What was a significant outcome of Craig v. Boren?

It overturned an Oklahoma law allowing different drinking ages for men and women. Signup and view all the answers

Which case challenged the right to privacy regarding sexual privacy?

Griswold v. Connecticut Signup and view all the answers

Study Notes

Judicial Branch

The judicial branch is responsible for interpreting and applying the law and deciding if laws violate the Constitution.
Article 3 of the Constitution establishes the federal judicial branch.
The lowest federal court is a trial court, followed by the circuit court and the Supreme Court.
In New Jersey, the lowest trial courts are called superior courts.

Theories of Sexuality, Gender, and the Law

Four main theories shape legal reasoning:
- Natural Law: It argues that moral values are inherent in human nature and should be reflected in law.
- Economic Theory: Emphasizes using economic reasoning to analyze legal issues and shape policy.
- Critical Race Theory: Examines how systemic racism is embedded in society and institutions, from education to healthcare.
- Feminist Theory: Challenges traditional power structures and seeks to end sexism and oppression.

Regulation of Sexuality and Gender

Griswold v. Connecticut: Established a constitutional right to marital privacy, including the use of contraceptives.
Eisenstadt v. Baird: Extended the right to privacy to unmarried individuals, allowing them access to contraceptives.
Roe v. Wade: Recognized a woman's right to terminate a pregnancy under the right to privacy. This established a federal framework for abortion regulations.
Planned Parenthood v. Casey: Upheld the right to an abortion before fetal viability, but allowed states to put certain restrictions on access.

Equality Challenges to Sex Discrimination

14th Amendment: Guarantees equal protection under the law, a crucial tool in challenging sex discrimination.
Frontiero v. Richardson: Determined that benefits given to military service members' families cannot be different based on sex.
Craig v. Boren: Ruled that an Oklahoma law permitting women to drink at 18 but men at 21 violated the Equal Protection Clause.
Intermediate Scrutiny: This legal standard is used in equal protection challenges to gender classifications.

Sexuality, Gender, and the Workplace

Price Waterhouse v. Hopkins: Found that an employer's discrimination based on gender stereotypes (i.e., a woman not behaving in "feminine" ways) is a violation of Title VII of the Civil Rights Act.
Oncale v. Sundowner: Established that Title VII protects against same-sex sexual harassment in the workplace.
Rogers v. American Airlines: This case explored the intersection of race and sex discrimination in the workplace, with mixed results.

Privatization and Plurality in Family Law

Marvin v. Marvin: Established that unmarried couples can create legally recognized familial relationships.
Braschi v. Stahl Associates Co: Determined that surviving partners in same-sex relationships qualify as "family" under New York law, with rights such as the ability to inherit property.

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Description

Explore the intricacies of the judicial branch as defined by Article 3 of the Constitution and its role in interpreting laws. This quiz also delves into theories of sexuality and gender, including Natural Law, Economic Theory, Critical Race Theory, and Feminist Theory, highlighting their impact on legal reasoning.