key term - Heightened Scrutiny

Definition

Heightened scrutiny is a legal standard used by courts to evaluate the constitutionality of laws or government actions that classify individuals based on certain characteristics, such as gender or legitimacy. This standard requires that the government demonstrate an important interest that is substantially related to the law or action in question, thus ensuring a more rigorous examination than the rational basis test, but not as stringent as strict scrutiny.

5 Must Know Facts For Your Next Test

1. Heightened scrutiny is typically applied in cases involving gender discrimination and illegitimacy, ensuring a higher level of judicial review than laws evaluated under the rational basis test.
2. The standard was established in landmark cases like Craig v. Boren (1976), where the Supreme Court held that gender-based classifications must serve important governmental objectives and be closely related to those objectives.
3. Under heightened scrutiny, the burden of proof lies with the government to justify why a particular classification is necessary and appropriate.
4. This standard has evolved through various court rulings, reflecting changing societal norms and values regarding discrimination and equality.
5. While heightened scrutiny provides a stronger protection against discriminatory laws, it is not as protective as strict scrutiny, which applies to race-based classifications and fundamental rights.

Review Questions

• How does heightened scrutiny differ from strict scrutiny and rational basis tests in terms of judicial review?
  • Heightened scrutiny occupies a middle ground between strict scrutiny and rational basis tests. While strict scrutiny demands that the government prove a compelling interest for laws affecting fundamental rights or racial classifications, heightened scrutiny requires an important governmental interest and a substantial relationship to the classification involved. In contrast, rational basis tests only need a legitimate interest and minimal justification for government actions. This hierarchy ensures that laws impacting gender or similar classifications undergo more thorough examination than those subjected to rational basis review.
• Discuss how heightened scrutiny has been applied in significant Supreme Court cases involving gender discrimination.
  • Heightened scrutiny has played a critical role in shaping legal precedents regarding gender discrimination. For instance, in Craig v. Boren (1976), the Supreme Court ruled that Oklahoma's law prohibiting the sale of 3.2% beer to males under 21 but allowing females was unconstitutional. The court applied heightened scrutiny, stating that gender classifications must serve important governmental objectives and be substantially related to those objectives. This case set a precedent for evaluating similar discriminatory laws using heightened scrutiny, reinforcing the principle of equality under the law.
• Evaluate the impact of heightened scrutiny on current debates about gender equality and legislative measures aimed at addressing discrimination.
  • The application of heightened scrutiny continues to influence contemporary discussions around gender equality and anti-discrimination laws. By requiring lawmakers to provide substantial justification for gender-based classifications, this standard promotes more equitable treatment in legislation affecting women and other marginalized groups. As society evolves, heightened scrutiny serves as a vital tool in challenging outdated laws and advancing equal protection under the law. The ongoing debates over issues like pay equity, reproductive rights, and workplace discrimination are all informed by the legal framework established through heightened scrutiny, emphasizing its importance in shaping public policy and ensuring justice.

Related terms

Strict Scrutiny:

A legal standard used by courts that requires the government to prove a compelling interest for laws or actions that infringe on fundamental rights or involve suspect classifications.

Rational Basis Test: The lowest level of scrutiny applied by courts, which only requires that a law or government action be rationally related to a legitimate governmental interest.

Equal Protection Clause:

A provision in the Fourteenth Amendment that prohibits states from denying any person equal protection of the laws, serving as a basis for heightened scrutiny in cases involving discrimination.