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" Sex, like race, is a visible, immutable characteristic bearing no necessary relationship to ability.” The analogy had special meaning in the constitutional context: In a series of cases triggered by Brown v. Board of Education, the court had said that laws that classified on the basis of race were almost always unconstitutional, or deserving “strict scrutiny.” The court had said in Reed that it wasn’t applying strict scrutiny, but then it seemed to do so anyway. Were laws that classified what men and women could do blatantly unconstitutional the way laws classifying by race were? RBG boldly urged the court to say they were. "

Irin Carmon , Notorious RBG: The Life and Times of Ruth Bader Ginsburg


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Irin Carmon quote : Sex, like race, is a visible, immutable characteristic bearing no necessary relationship to ability.” The analogy had special meaning in the constitutional context: In a series of cases triggered by Brown v. Board of Education, the court had said that laws that classified on the basis of race were almost always unconstitutional, or deserving “strict scrutiny.” The court had said in Reed that it wasn’t applying strict scrutiny, but then it seemed to do so anyway. Were laws that classified what men and women could do blatantly unconstitutional the way laws classifying by race were? RBG boldly urged the court to say they were.