What was the legal issue in Feeney? Include in your answer the conclusion reached by the lower court. 5.2 What was the impact of the hiring preference? 5.3 What was the 2-part test the Court used to determine the constitutionality of the gender-neutral statute?

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WOMEN & THE LAW Prof. Golden Assignment 5 Read: Posted cases: Personnel Administrator of Massachusetts v. Feeney Rostker v. Goldberg NY Times: Supreme Court Weighs Cases Redefining Legal Equality, http://tinyurl.com/y5y6kjv7 CNAS: The (Mostly) Good News on Women in Combat http://tinyurl.com/y2cknu3n Questions: 5.1 What was the legal issue in Feeney? Include in your answer the conclusion reached by the lower court. 5.2 What was the impact of the hiring preference? 5.3 What was the 2-part test the Court used to determine the constitutionality of the gender-neutral statute? 5.4 What was Feeney’s argument as to why she thought the test was met and what was the majority’s response? 5.5 What was the dissent’s argument regarding how to determine if the statute was intended to be discriminatory? How did they use the exception to support their argument? 5.6 What was the legal issue in Rostker? 5.7 How did the Court support its decision/justify excluding women from registering for the draft? 5.8 What did the dissent argue was actually the correct question that should have been asked to determine if the law was constitutional? Problems: P5.1 How was formal equality applied in Feeney? What are some of the problems with the application of formal equality to this situation? P5.2 Explain how the Supreme Court applied formal equality to reach different conclusions in the NY Times article listed above (university admissions, marriage equality). P5.3 Compare the outcome in Rostker with the Pentagon’s decision to allow women in combat. What were the significant differences? How does the decision exemplify formal equality? …
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