The strict scrutiny test used by the Supreme Court justices to adjudicate issues related to racial discrimination is also used in instances of sex and gender discrimination.

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The strict scrutiny test is the highest level of scrutiny applied by courts to government actions or laws, primarily used for cases involving race or fundamental rights. Sex and gender discrimination cases are generally evaluated under the intermediate scrutiny test, which requires laws to be substantially related to an important government objective.

The Strict Scrutiny Test Used by the Supreme Court Justices