Intermediate scrutiny

Definition

Intermediate scrutiny is a legal standard used by courts to evaluate laws or government actions that impose limitations on constitutional rights, particularly in cases involving discrimination based on gender or legitimacy. This level of scrutiny requires the government to demonstrate that the challenged law serves an important government interest and is substantially related to achieving that interest. This standard is more rigorous than the rational basis test but less demanding than strict scrutiny.

5 Must Know Facts For Your Next Test

1. Intermediate scrutiny is often applied in cases involving discrimination against women and non-marital children, balancing individual rights with governmental interests.
2. For a law to pass intermediate scrutiny, it must be shown that it serves an important governmental objective and that the means chosen are substantially related to that objective.
3. This standard is often seen in cases involving Title IX, which prohibits sex-based discrimination in educational institutions receiving federal funding.
4. Courts apply intermediate scrutiny less frequently than strict scrutiny, making it significant when evaluating laws affecting gender equality.
5. The introduction of intermediate scrutiny marked a shift towards recognizing the need for heightened protection against gender discrimination compared to other classifications.

Review Questions

• How does intermediate scrutiny differ from strict scrutiny and rational basis test in terms of legal evaluation?
  • Intermediate scrutiny is a middle ground between strict scrutiny and the rational basis test. While strict scrutiny demands a compelling government interest and narrowly tailored legislation, rational basis only requires a legitimate interest with minimal relation to the law. In contrast, intermediate scrutiny requires an important governmental interest and that the means are substantially related to achieving that interest. This makes intermediate scrutiny a crucial standard for evaluating laws impacting gender discrimination.
• Discuss the implications of intermediate scrutiny on gender discrimination cases in legal contexts.
  • Intermediate scrutiny plays a vital role in legal contexts concerning gender discrimination, as it sets a higher bar for government justification compared to the rational basis test. It recognizes that laws can have disproportionate impacts on women and require substantial justification to be upheld. For instance, cases under Title IX leverage intermediate scrutiny to ensure educational institutions provide equal opportunities regardless of gender. This standard helps protect individual rights while allowing for some governmental interests.
• Evaluate how the application of intermediate scrutiny influences legislative decisions regarding gender-related laws.
  • The application of intermediate scrutiny significantly influences legislative decisions by creating a framework that necessitates careful consideration of how laws affect gender equality. Legislators must ensure that any law targeting gender-related issues not only serves an important governmental interest but also aligns closely with achieving that goal. This can lead to more thoughtful policymaking aimed at reducing gender discrimination and promoting equality, as lawmakers are aware their proposals will face heightened judicial examination under this standard.

Related terms

Strict Scrutiny: The highest standard of judicial review used by courts to evaluate laws that infringe on fundamental rights or involve suspect classifications, requiring a compelling government interest and a law that is narrowly tailored.

Rational Basis Test: The lowest standard of judicial review, where laws are upheld if they are rationally related to a legitimate government interest, often applied in economic regulation cases.

Equal Protection Clause: A provision in the Fourteenth Amendment of the U.S. Constitution that prohibits states from denying any person within its jurisdiction the equal protection of the laws.