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Final answer:
Gender-based discrimination cases are evaluated using the intermediate scrutiny test, which requires the government to show that the treatment of different genders is related to an important governmental interest. This ensures that any gender classification is justified and not arbitrary. This standard was established in important Supreme Court decisions.
Explanation:
Legal Treatment of Gender-Based Discrimination Cases
Gender-based discrimination cases are generally subject to the intermediate scrutiny test. This standard is used by courts to evaluate whether a law or policy that treats individuals differently based on gender or sex is justified.
The intermediate scrutiny test requires that the government must demonstrate that the gender classification serves an important governmental interest and is substantially related to achieving that interest. This was established by the Supreme Court in cases such as Craig v. Boren (1976) and Clark v. Jeter (1988).
In contrast, the strict scrutiny test applies to cases based on race and ethnicity, while the rational basis test covers most other forms of discrimination. Under the rational basis test, the burden of proof is on the individual challenging the law, while with strict scrutiny, the government must prove a compelling interest and that there are no less discriminatory alternatives.
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