Final answer:
Classifications based on gender are subject to intermediate scrutiny in the courts, which means the government must prove that unequal treatment is justified by a significant governmental objective.
Step-by-step explanation:
Classifications based on gender have been ruled to be subject to intermediate scrutiny by the decisions of the Court in the past several years. This stems from a series of landmark Supreme Court cases that set a precedent for how such issues are handled. For instance, laws that treat men and women differently, like the case concerning The Citadel's admission policies or women serving in combat roles, must demonstrate that the different treatment is "substantially related to an important governmental objective." Furthermore, misunderstandings in legal language regarding the term 'gender' have prompted further discussions, as evidenced by Supreme Court Justices Antonin Scalia and Ruth Bader Ginsburg's contrasting views.
The concept of a Bona Fide Occupational Qualification (BFOQ) and its three-part test have been significant in the examination of sex-related employment discrimination cases as well. Despite progress and changes in laws and societal views, the history of gender stratification suggests that the effects of male dominance continue to influence many aspects of society, including the job market and benefits provided to employees.