What is the test for a constitutional challenge to a state forcible rape statute 7?

MultiRegion, United States of America

The following excerpt is from Sweet v. Cupp, 640 F.2d 233 (9th Cir. 1981):

The interests of comity require us to afford the Oregon courts the initial opportunity to consider the state forcible rape statute 7 under the current standard for review of constitutional challenges to gender-based statutes. Franklin v. Conway, 546 F.2d 579, 581 (4th Cir. 1976).

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