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Texas Constitution:Article I, Section 3-a (view source)
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Under the federal equal protection clause, classifications based upon sex are subject only to "intermediate scrutiny." See, e.g., ''United States v. Virginia'', 518 U.S. 515, [https://scholar.google.com/scholar_case?case=1428365285620704265#p533 533] (1996) ("The heightened review standard our precedent establishes does not make sex a proscribed classification."). | Under the federal equal protection clause, classifications based upon sex are subject only to "intermediate scrutiny." See, e.g., ''United States v. Virginia'', 518 U.S. 515, [https://scholar.google.com/scholar_case?case=1428365285620704265#p533 533] (1996) ("The heightened review standard our precedent establishes does not make sex a proscribed classification."). | ||
The effect of this section of the state constitution, known as the Texas Equal Rights Amendment, is to subject classifications based upon sex to "strict scrutiny." For information regarding the | The most direct effect of this section of the state constitution, known as the Texas Equal Rights Amendment, is to subject classifications based upon sex to "strict scrutiny." For information regarding the campaign to secure passage of the amendment, see [https://tshaonline.org/handbook/online/articles/mlt02 ''Texas Equal Rights Amendment'']. | ||
The passage of this section in 1972 also had the effect of incorporating modern federal equal protection jurisprudence. Note that the Texas Supreme Court has recently referred to Sections 3 and 3-a as the equal rights clauses and equal protection clauses. | |||
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