DuPont v. Commissioner of Correction

(concurring, with whom Greaney, J., joins). I agree that DuPont’s claims are properly dismissed, but for reasons that differ from those of the court. Strict scrutiny applies to DuPont’s gender-based equal protection claim under the Massachusetts Constitution.1 See art. 1 of the Massachusetts Declaration of Rights, as amended by art. 106 of the Amendments; Commonwealth v. King, 375 Mass. 5, 21 (1977). I write separately because, contrary to the court’s conclusion, ante at 399-403, in my judgment the Department of Correction (department) has failed to establish that for purposes of serious…