Question

Which of the following laws would be the most likely to be examined by the Supreme Court using the inherently suspect standard to determine its constitutionality?

a. Male and female student athletes cannot compete on the same basketball team at the university level.
b. Businesses cannot discriminate against gays and lesbians in hiring and promotion decisions.
c. Those without a college degree are not eligible for upper-level civil service jobs.
d. Government contracts must be awarded to a contractor who is a racial minority whenever at least 10 percent of the bidders are minority-owned businesses.

Answer 1

B. Businesses cannot discriminate against gays and lesbians in hiring and promotion decisions.

Step-by-step explanation:

The "inherently suspect" standard is used to examine laws that classify people based on race, national origin, or alienage, which are considered "suspect" classifications. Discrimination on the basis of sexual orientation is not currently considered an inherently suspect classification by the Supreme Court, but it is subject to a heightened level of scrutiny under the Equal Protection Clause of the 14th Amendment. This means that laws that discriminate on the basis of sexual orientation are examined using a more rigorous standard than other classifications, but not as strict as the inherently suspect standard.