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Re: Federal judge strikes down Utah’s ban on same-sex marriage
You don't seem to understand. Making the classification isn't the state interest. The state needs to show an interest or they don't get to make that classification at all.
Basically, the state can't discriminate using gender as a basis without showing a solid reason. A law that makes it illegal for women to drive wouldn't stand up to an equal protection challenge, because no state interest is served by making only men drive cars.
To "gender-based" clarification, of course.
You don't seem to understand. Making the classification isn't the state interest. The state needs to show an interest or they don't get to make that classification at all.
Basically, the state can't discriminate using gender as a basis without showing a solid reason. A law that makes it illegal for women to drive wouldn't stand up to an equal protection challenge, because no state interest is served by making only men drive cars.