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Western New England Law Review

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Abstract

For the last half-century, the Court has recognized that discrimination on the basis of sex triggers equal protection guarantees. Those guarantees impose a heavy–but by no means insurmountable–burden on the State to justify its use of sex-based classifications. Recently, in United States v. Skrmetti, the Court refused to apply heightened scrutiny to a sex-based classification in a shocking opinion that bodes poorly form equal protection in particular and constitutional analysis as a general matter.

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