PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A state law grants a property-tax exemption only to married couples, denying it to same-sex couples in civil unions who are otherwise similarly situated. Under modern equal-protection doctrine following Obergefell v. Hodges, how should a court most likely treat this classification?

Strike it down because the state must afford same-sex couples equal access to marriage and its benefits Uphold it under rational-basis review as an economic regulation Uphold it because tax exemptions are committed to legislative discretion Apply intermediate scrutiny reserved for gender classifications

Correct Answer:

Strike it down because the state must afford same-sex couples equal access to marriage and its benefits

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