Constitutional law has three major levels of scrutiny:
1. Strict scrutiny. If a law or practice has to pass this test, it
usually loses. Race, ethnicity, and religion fall under this test.
2. Intermediate scrutiny. This level is easier to pass than strict
scrutiny. It applies to gender discrimination. Thus, it is easier for
public entities to get away with discriminating against females than
with discriminating against racial or religious minorities.
3. Rational basis. The law or practice usually prevails under this low
level of scrutiny. This level applies to all classifications that do
not fall within a "suspect class." Sexual orientation discrimination is
given this lowest level of scrutiny.
Kristen Galles, Equity Legal, kgalles@erols.com
___________________________________________________
Darcy Lees wrote:
>
> It is my understanding that to date cases involving sexual orientation
> harassment have been decided based on the 14th Amendment to the
> Constitution.
>
> In Washington State where our state law speaks directly to K-12 schools
> and sexual harassment and same gender was specifically written in to be
> covered, I make a distinction between just stating that someone is gay
> or lesbian and referring to sexual acts and actions or statements meant
> to be put downs based on gender, ie. Sissy, etc. In workshops I stress
> 14th Amendment, Title IX, and State law.
> Darcy Lees <DLees@inspire.ospi.wednet.edu>
>
> _____________________________________________________________________________
>
> > ----------
> > From: PaulEdison[SMTP:PaulEdison@aol.com]
> > Reply To: edequity@tristram.edc.org
> > Sent: Thursday, March 05, 1998 7:40 PM
> > To: edequity@tristram.edc.org
> > Subject: Oncale Case
> >
> >
> >
> > Does anyone know how likely it is that the
> > Supreme Court's decision this week on the Oncale
> > same-sex harassment case will result in cases
> > arising from _sexual-orientation_ harassment?
> >
> > I've heard this in some of the coverage, but was
> > under the impression that previously (including
> > in the OCR Guidance on sexual harassment) sex-
> > orientation harassment has definitely _not_ been
> > covered.
> >
> > Thanks
> > Paul Edison, Gender Issues Education
> > Curriculum/Video for Grades 6-12
> > <PaulEdison@aol.com>
> >