Courts and Gender discrimination

 

The 14th Amendment covers how people are born and naturalized in the US where they reside. That means they are citizens of the United States and have the privileges of being citizens. This means that no law should deprive any person of life, liberty, or property without due process of law. National Coalition for Men's James Lesmeister and Anthony Davis, damaged by the policy that only relates to the male species, claim that this unfairly discriminates against females. This surprised and caught my attention because you wouldn't think men would push for this, given the world scenario at the time. 

The Rostker v. Goldberg court upheld the Military Selective Service Act, pushing that men, but not women, are required to register for the draft. In 2013, the Department of Defense lifted the ban on women in combat, except the obligation to register remains limited to men. The argument that the 5th amendment violated the right to equal protection showed that the classifications have different bases affecting the US and its people in various different ways, some positive, some negative, and some with no effect.

Classifications give the ability for laws to push for one group more than another; this is another surprise of my thought process because it doesn't fit the criteria of the 14th Amendment in my eyes, as it can put others at a different disadvantage while others are benefiting. This thought that the government can knowingly and willingly write laws to affect others in a positive or negative way questions the topic of equality that is the baseline of the United States. The 14th amendment targeted blacks mostly while the 19th amendment counters the polarization of equality by allowing women to vote, This was a big step up for Gender Discrimination.

These three levels of discrimination target the US and can target other specifics such as a certain race. Strict scrutiny is the highest level of protection with law, Intermediate scrutiny is that the government can discriminate on a certain classification, and rational basis review is the law being rationally related to a legitimate government interest. These are different and important because they protect individuals' rights, keep the government in check, and create equality for the people. People in the US should be excited and grateful that this is a part of our government, while other countries have it much harder.

Micheal M had violated the law by sleeping with an underage female; the female, however, did not violate the law because she was younger. We were asked if this is illegal discrimination based on gender. The conclusion and moral justice is that the government's purpose does not tie into the relationship that the male can't sleep with someone of that age but the female can. The female is more likely to be exploited under age 18 instead of a male so it brings me to the consensus that this protects the female gender for the better.