New Hampshire
How Craig v. Boren applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Other.
New Hampshire's approach to gender discrimination mirrors the principles established in Craig v. Boren, focusing on intermediate scrutiny when evaluating gender-based classifications. The state requires that such laws substantially serve important governmental objectives and that the means employed are substantially related to those objectives.
In New Hampshire, gender classifications are subject to intermediate scrutiny, requiring the government to demonstrate that the classification serves an important government interest and that the means are substantially related to that interest.
The New Hampshire Supreme Court ruled that a statute discriminating based on gender failed intermediate scrutiny and was unconstitutional.
In this case, the court determined that gender-based future interests in employment violated state equal protection principles as they did not have a substantial relationship to any important government objective.
This case held that classifications on the basis of disability must also meet the scrutiny standards similar to those in gender discrimination cases.
New Hampshire's application of intermediate scrutiny aligns closely with the federal standards established in Craig v. Boren. However, New Hampshire courts may provide broader protections against gender discrimination, reflecting the state’s commitment to equal rights under its constitution.
Understanding the application of intermediate scrutiny in gender discrimination cases is crucial for the New Hampshire bar exam, as it underscores state constitutional principles balancing individual rights against legislative objectives.