LogFAQs > #969100285

masterplum posted...

I think these two statements are exclusive to each other. If a school decides that having a large female population has merit because nobody wants to attend an all male school but males have higher scores is that sex discrimination?

I am really interested in what the ruling is going to be on this, because it's a tricky subject

SCOTUS has had a 3-tier setup for this for decades. Strict scrutiny, intermediate scrutiny, and rational basis. Strict scrutiny applies to racial discrimination, intermediate applies to gender discrimination, and rational basis applies to most things (like intelligence or beauty). The standard for racial discrimination can be far more stringent than for anything else.