Quote:
Originally Posted by Ark2
Men have to pay higher auto insurance premiums, and I am told that that is not discriminatory. How would this be any different?
|
Men pay higher insurance premiums based on evidence that they are higher risk, or at least that's my impression of the rationale. There's also no state action involved in an insurance company setting premium rates, which removes it from constiutional scrutiny (at least in terms of the equal protection clause) from the start.
I don't know that this argument would be a winner, and I'm definitely not the eprson who would be crafting a winning argument in this area, but there's certainly an argument to be made. State action that discriminates against a protected class gets a strict scrutiny review, so the odds would be stacked against the state should it get to that point.