How does the Supreme Court decide the constitutionality of laws based on gender?
In dealing with cases that are based in gender-based decisions, the Supreme Court is typically divided in controversy. The main question in most of these cases calls upon the 14th Amendment’s equal protections clause. Though ideas of the reasonableness test, which is a test of the equal protections clause in any case, as well as through the idea of strict scrutiny, which means that any laws concerning race (as well as gender) are subject to intense and continuing scrutiny of the court, essentially rendering them outside of use for strict precedence. What the Supreme Court decision comes down to for the most part is the sustainability test, which in terms of gender laws, asks the question of whether or not the law serves and important government objective.