Sex-Based Classifications

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  • This brief is in support of relief for petitioner based on prosecutorial misconduct due to prosecutor’s focus during trial on petitioner's sexual involvements with men other than her husband.
  • Considered the constitutionality of New Jersey's ban on same sex marriage.
  • Determines whether a school's policy that prohibits students from wearing certain breast cancer awareness bracelets is based on stereotypes concerning the men and women's roles.
  • Determined whether denying same-sex couples the right to marry violated the Oregon Constitution.
  • Determined whether denying same-sex couples the right to marry violated Vermont's marriage statutes and/or Vermont's Common Benefits Clause.
  • Determined whether it is constitutional, in Maryland, for insurance companies to charge different rates based on gender.
  • Determined the constitutionality of state anti-sodomy laws.
  • Determined whether the Fair Housing Act (FHA) authorizes “disparate impact” challenges to policies that do not explicitly discriminate on the ground of race or sex, but which have an unjustified disproportionate racial or gender impact.  
  • Determined whether the Boy Scouts of America have a constitutional right to revoke the membership of a scout leader for being gay despite state law prohibiting such discrimination in places of public accommodation.
  • Determined if the First Amendment justifies a commercial business’s refusal to serve a customer in a protected group.
  • Decided the constitutionality of a ban on same-sex marriage in Maryland.
  • Considered whether the Fraternal Order of Eagles' scope of operations made it a "public accommodation" under state law, forbidding it to discriminate against female members.


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