classification by gender msut be
reasonable, not arbitrary, and sub similar to the objective of the law.
accident of birth.
a. Not things we choose
b. When we classify based on race/national origin
origin it is disconnected from the constitutional approach.
pregnancy is
defining characteristic between men and women
I/S–
fit it less impt, law is sub related and reason provided must be actual reason– cant use post hoc.
SS-
a. CSI- This isn’t where the law will fail
i. NT, NL LRM- this is where it will fail if it does.
1. If better way-FAIL
i/s
a. IGO- not where it will fail
i. Sub related, this is where it will fail
1. Is this a good way?
2. Doesn’t have to eradicate issue
a. Does it further?