Any Classification Based on Sex is Subject to Strict Scrutiny Under the Texas Equal Rights Amendment

Examines the Texas Court of Civil Appeals case, Mercer v. Board of Trustees. In Mercer a minor sought a temporary injunction against the enforcement of a regulation restricting the hair-length of male students. On appeals the appeals court upheld the denial of relief for two reasons. First, there was a federal court split on the hair-length issue and second, Mercer’s claim was based on the Texas ERA and not on any provision of the United States Constitution.