Practice question
A court applies intermediate scrutiny and finds the classification substantially related to an important public objective. One party says gender-based categories can never be upheld under any facts. No other defect is present. Which is best?
- Selection of intermediate scrutiny itself requires invalidation.
- Any gender distinction receives no review.
- Intermediate scrutiny requires the specified justification; it is not a categorical rule that every such classification fails.
- Only a unanimous referendum can sustain a classification.
- The court must abandon its findings solely because a party objects.
Legal references
- Samahan ng mga Progresibong Kabataan v. Quezon City, G.R. No. 225442, August 8, 2017, main decision: https://lawphil.net/judjuris/juri2017/aug2017/gr_225442_2017.html
- Central Bank Employees Association v. Bangko Sentral ng Pilipinas, G.R. No. 148208, December 15, 2004, main decision, levels of scrutiny: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/45406
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