Question
The Oregon state legislature mandated that any employer with five or more employees grant a paid six-month maternity leave to any woman who gave birth
The Oregon state legislature mandated that any employer with five or more employees grant a paid six-month maternity leave to any woman who gave birth while on the company's payroll. The legislature imposed no requirements regarding paid or unpaid family leave for men who had just had a child. In deciding to enact the measure, the legislators relied principally on evidence that various rising social problems, such as drugs and crime, were caused in part by the rise in working women and a consequent failure of mothers to bond with their infants. Frank, the father of a newborn infant who wished to have a paid paternity leave, has challenged the statute on the grounds that it violates his equal protection rights. Will Frank's challenge succeed?
A. No, because the court will apply the rational basis test and determine that the mandate is rationally related to the legitimate government interest of helping mothers bond with their babies.
B.Yes, because the court will apply strict scrutiny and strike down the mandate because itinvolves afundamentalhuman right of having and raising children.
C. Yes, because the court will apply strict scrutiny and strike down the mandate because it is not facially neutral and it has a discriminatory effect on a suspect class.
D. Yes, because the court will apply intermediate scrutiny because it involves a quasi suspect class and strike down the mandate because it is not substantially related to an important government interest.
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