London Breed hopes to implement a new plan aimed at curbing homelessness among San Francisco's transgender residents.
” to judge whether they should uphold laws that treat people differently based on gender. Federal courts, on the other hand, mainly use strict scrutiny in cases involving race or religion.
All of this is to say that Breed’s plan would likely stand a better chance in federal court than it would in state court, since federal courts generally have more latitude to uphold gender-based laws. Still, both Winkler and Chemerinsky said they believe the plan could survive under a strict scrutiny standard in state court.
“The conventional wisdom among Supreme Court watchers is that the court will strike down affirmative action and say, ‘You cannot have race-based affirmative action programs,’” he said. “That would have a cascading effect on other kinds of affirmative programs that are targeting people for any kind of benefit, such as affirmative action for women or transgender people.”
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