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The state prison has determined that while female corrections officers will be a

ID: 1194113 • Letter: T

Question

The state prison has determined that while female corrections officers will be allowed in many jobs in the state's maximum security prison for men, they will not be allowed to work in jobs that place them in direct contact with male prisoners. Female correction officers have sued the state, arguing that this violates the Equal Protection Clause of the U.S. Constitution.  

What legal test should the Federal District Court use to determine if the prison's policy is a violation of the Equal Protection Clause?

The prison policy will be upheld because the prison is subject to the state constitution, not the U.S. Constitution.

The prison policy will be upheld if there is any conceivable basis on which the classification might relate to a legitimate governmental interest.

The prison policy will be upheld only if it is necessary to promote a compelling state interest, and is broadly tailored to achieve all possible interests that the government may have.

The prison policy will be upheld if it is substantially related to an important governmental interest.

A.

The prison policy will be upheld because the prison is subject to the state constitution, not the U.S. Constitution.

B.

The prison policy will be upheld if there is any conceivable basis on which the classification might relate to a legitimate governmental interest.

C.

The prison policy will be upheld only if it is necessary to promote a compelling state interest, and is broadly tailored to achieve all possible interests that the government may have.

D.

The prison policy will be upheld if it is substantially related to an important governmental interest.

Explanation / Answer

The prison policy will be upheld only if it is necessary to promote a compelling state interest, and is broadly tailored to achieve all possible interests that the government may have. The government may have valid, legitimate and compelling interests to classify the officers from the prisoners.

The prison policy will be upheld only if it is necessary to promote a compelling state interest, and is broadly tailored to achieve all possible interests that the government may have. The government may have valid, legitimate and compelling interests to classify the officers from the prisoners.

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