The constitutionality of affirmative action programs based on gender is evaluated under ________ by the Supreme Court.

Question

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The Supreme Court evaluates the constitutionality of affirmative action programs based on gender under intermediate scrutiny. This means the program must serve an important governmental objective and be substantially related to achieving that objective. This is a lower standard than strict scrutiny, which is applied to programs that discriminate based on race or national origin.

The Constitutionality of Affirmative Action Programs Based on Gender Is