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Facial sex classification

Definition

A law that explicitly uses sex as a basis for treating people differently on the text of the statute itself, as opposed to a law that is neutral on its face but has a discriminatory effect or purpose.

Examples

  • The petitioner argued SB1 is a facial sex classification because its text prohibits medications that are 'inconsistent with' the patient's sex, making sex a determining factor in who can access treatment.

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