Reply #13: From a legal standpoint, religion is a stronger case. [View All]

[Ms. Toad]

Religious discrimination is subjected to review on a strict scrutiny basis. Gender on a heightened scrutiny. That means it is easier to prove discrimination on the basis of religion than it is on the basis of gender. If I were the family's attorney, and I had those two options, I would bring the case on the basis of religious discrimination.

That said, generally applicable laws that do not deliberately target a particular religion (like the prohibitions on peyote use - directed at stemming drug abuse but which also impact Native American religious rituals) are more frequently being upheld as constitutional. On that basis, the gender discrimination (assuming the dress code was different for males than females) might be an easier sell.