Which of the following classifications is typically subject to intermediate scrutiny?

Which of the following classifications is typically subject to intermediate scrutiny?

• A. Gender classifications
• B. Racial classifications
• C. Age classifications
• D. Political ideology classifications

Answer: (A)

The main idea is how the courts test government classifications under the Equal Protection Clause. For gender-based classifications, the Supreme Court uses intermediate scrutiny: the law must be substantially related to an important government objective. This level sits between strict scrutiny (used for race and other suspect classifications, which must show a compelling objective and be narrowly tailored) and rational basis (used for many non-suspect classifications, requiring a rational connection to a legitimate objective). Gender classifications are given heightened scrutiny because sex discrimination has a history of constitutional concern, but not treated as harshly as race discrimination. Racial classifications trigger strict scrutiny, requiring a compelling objective and narrow tailoring, which is much harder to satisfy. Age classifications are typically examined under rational basis review, meaning they just need to be rationally related to a legitimate government interest. Political ideology classifications aren’t treated as a suspect class and are usually analyzed under rational basis as well, unless there are unique constitutional issues present. So, the classification typically subject to intermediate scrutiny is gender-based classifications.

The main idea is how the courts test government classifications under the Equal Protection Clause. For gender-based classifications, the Supreme Court uses intermediate scrutiny: the law must be substantially related to an important government objective. This level sits between strict scrutiny (used for race and other suspect classifications, which must show a compelling objective and be narrowly tailored) and rational basis (used for many non-suspect classifications, requiring a rational connection to a legitimate objective). Gender classifications are given heightened scrutiny because sex discrimination has a history of constitutional concern, but not treated as harshly as race discrimination.

Racial classifications trigger strict scrutiny, requiring a compelling objective and narrow tailoring, which is much harder to satisfy. Age classifications are typically examined under rational basis review, meaning they just need to be rationally related to a legitimate government interest. Political ideology classifications aren’t treated as a suspect class and are usually analyzed under rational basis as well, unless there are unique constitutional issues present.

So, the classification typically subject to intermediate scrutiny is gender-based classifications.