What kind of discrimination does the intermediate scrutiny standard apply to?
Asked by: Abner Von | Last update: February 8, 2026Score: 4.8/5 (28 votes)
The intermediate scrutiny standard applies primarily to gender (sex) and illegitimacy discrimination, requiring the government to show its discriminatory action serves an important governmental objective and is substantially related to achieving it, rather than just a rational basis, but less than the "compelling interest" needed for race-based discrimination. It's a middle ground test, less strict than strict scrutiny but more rigorous than the rational basis test, often used for "quasi-suspect" classifications.
What does intermediate scrutiny apply to?
In other words, "[i]f a less restrictive alternative would serve the Government's purpose, the legislature must use that alternative." Intermediate scrutiny typically applies to content-neutral laws and commercial speech restrictions, albeit following different lines of Supreme Court precedent.
Which of the following types of discrimination would call for intermediate scrutiny?
Intermediate scrutiny is primarily applied in cases involving equal protection challenges, particularly those related to gender discrimination and certain rights related to freedom of religion and expression.
What kinds of cases involve intermediate scrutiny?
Finally, there is a middle tier of review, intermediate scrutiny, where the government action must be substantially related to an important government objective. Intermediate scrutiny has typically been applied in cases where someone has been discriminated against because of their sex or gender.
What kinds of discrimination cases will the court use strict scrutiny for?
Strict scrutiny is a form of judicial review that courts in the United States use to determine the constitutionality of government action that burdens a fundamental right or involves a suspect classification (including race, religion, national origin, and alienage).
What Is Intermediate Scrutiny? - Your Civil Rights Guide
Which of the following types of discrimination would be subject to strict scrutiny?
However, the Supreme Court has held that classifications based on race call for enhanced safeguards, known as "strict scrutiny," under the Equal Protection Clause.
Does strict scrutiny apply to gender discrimination?
23 The strengthening of an intermediate scrutiny standard, coupled with the Court's explicit recognition that strict scrutiny remains a possibility for gender discrimination, may indicate the Court's willingness to reconsider strict scrutiny for gender classifications in the future.
What is the difference between strict scrutiny, intermediate scrutiny, and rational basis review?
Both the intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test. The rational basis test is generally used in cases where no fundamental rights or suspect classifications are at issue.
Which of the following are subject to intermediate scrutiny as quasi-suspect classes?
Intermediate scrutiny is applied to groups that fall under quasi-suspect classification. Sex and legitimacy of birth have been held to be quasi-suspect classes.
What are the three levels of scrutiny used by the Supreme Court to discover whether discrimination is permissible?
Courts apply different levels of scrutiny to test whether a potentially discriminatory law is valid. These include strict scrutiny, intermediate scrutiny, and rational basis review. The level applied depends on the nature of the classification and the rights affected.
What are the 7 types of discrimination?
While there isn't a universal "7 types" list, discrimination is broadly categorized by the protected characteristics people are unfairly treated for, commonly including Race/Color, Religion, Sex (Gender, Pregnancy, LGBTQ+ status), National Origin, Age, Disability, and Genetic Information, with variations like harassment, retaliation, and familial status also recognized, all stemming from treating someone differently based on these inherent traits.
Which of the following cases would likely be subjected to strict scrutiny?
Suspect classification
The Court has consistently found that classifications based on race, national origin, and alienage require strict scrutiny review. The Supreme Court held that all race-based classifications must be subjected to strict scrutiny in Adarand Constructors v.
What are the 8 types of discrimination that are prohibited by federal law?
The law makes it illegal for an employer to make any employment decision because of a person's race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
What are examples of scrutiny?
A scrutiny example involves a politician's finances facing close media and public examination, a scientific theory undergoing rigorous peer review and data checking, or a detective carefully inspecting a crime scene for tiny clues; it's any detailed, critical inspection to find flaws or gain deep understanding, often when something is under suspicion or requires validation.
What are the three types of judicial review?
The three main types of judicial review standards (or levels of scrutiny) in U.S. constitutional law are Strict Scrutiny, Intermediate Scrutiny, and the Rational Basis Test, determining how closely courts examine government actions, with strict scrutiny being the highest and rational basis the lowest, affecting burdens of proof and deference to the legislature. Alternatively, in UK administrative law, the grounds for judicial review are often categorized as Illegality, Procedural Unfairness, and Unreasonableness (Irrationality).
Which characteristic is considered under the ordinary scrutiny test rather than the strict or intermediate scrutiny tests?
The characteristic considered under the ordinary scrutiny test is rational basis. This test assesses whether a government action is rationally related to a legitimate interest, applied in cases of economic and social policies. It is the lowest level of scrutiny compared to strict and intermediate scrutiny tests.
What level of scrutiny is age discrimination?
The Court historically applied a minimal scrutiny standard to age-related cases, meaning that plaintiffs face a high burden of proof, making it challenging to win these cases compared to discrimination based on race or gender, which receive stricter scrutiny.
What is legitimacy under intermediate scrutiny?
Intermediate scrutiny: Intermediate scrutiny is the legal standard used certain specific areas to determine if a law is constitutional. It requires the government to prove the law serves an important government interest and that the law or action at issue is substantially related to achieving that interest.
What are the four suspect categories?
The Equal Protection Clause of the 14th Amendment imposes a restraint on the governmental use of suspect classification. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.
Which cases involve intermediate scrutiny?
Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.
When would a law fail intermediate scrutiny?
It applies to time, place, and manner restrictions on speech, for example, with the additional requirement of "adequate alternative channels of communication." In other words, if restricting the time, place, or manner of speech means that speech cannot take place at all, the regulation fails intermediate scrutiny.
What is the rational basis test for discrimination?
The rational basis test prohibits the government from imposing restrictions on liberty that are irrational or arbitrary, or drawing distinctions between persons in a manner that serves no constitutionally legitimate end.
Which of the following cases of discrimination would be subject to strict scrutiny?
Laws that discriminate based on race or national origin must meet the highest standard of court review — strict scrutiny. This means the law must further a “compelling government interest” and be narrowly tailored to achieve that interest.
Does viewpoint discrimination get strict scrutiny?
Both forms of content discrimination typically trigger strict scrutiny. A law is facially content based if its text applies to speech based on the subject matter, topic, or viewpoint of that speech.
Can discrimination be based on gender?
Gender discrimination is illegal.
Title VII of the Civil Rights Act of 1964 makes it illegal for an employer to discriminate against you based on your sex, race, color, religion, or national origin. As of June 2020, a Supreme Court ruling extended this protection to also cover gender identity and sexual orientation.