Under equal protection, which standard applies to gender classifications?

Under equal protection, which standard applies to gender classifications?

• A. Strict scrutiny
• B. Intermediate scrutiny
• C. Rational basis
• D. No scrutiny

Answer: (B)

Gender classifications under equal protection are reviewed with intermediate scrutiny. This means the government must show the law serves an important objective and that the means chosen are substantially related to that objective. It’s a heightened standard—more demanding than rational basis, which often applies to non-suspect classifications, but not as demanding as strict scrutiny, which governs race, national origin, and certain other suspect classifications. Courts also look to ensure the classification isn’t based on outdated stereotypes or generalized assumptions about men and women. So a gender-based law survives only if it meaningfully furthers an important objective and is closely tailored to do so. That's why intermediate scrutiny is the correct standard for gender classifications.

Gender classifications under equal protection are reviewed with intermediate scrutiny. This means the government must show the law serves an important objective and that the means chosen are substantially related to that objective. It’s a heightened standard—more demanding than rational basis, which often applies to non-suspect classifications, but not as demanding as strict scrutiny, which governs race, national origin, and certain other suspect classifications. Courts also look to ensure the classification isn’t based on outdated stereotypes or generalized assumptions about men and women. So a gender-based law survives only if it meaningfully furthers an important objective and is closely tailored to do so. That's why intermediate scrutiny is the correct standard for gender classifications.