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Multiple Choice

Which scrutiny applies to gender classifications under Equal Protection analysis?

Gender classifications are evaluated under intermediate (heightened) scrutiny in Equal Protection analysis. This standard requires the government to show that the classification serves an important governmental objective and that the means chosen are substantially related to achieving that objective. It sits between rational basis (where any plausible relation to a legitimate interest suffices) and strict scrutiny (where the objective must be compelling and the means narrowly tailored). The idea is that sex-based distinctions are not suspect but deserve more rigorous justification than ordinary classifications. So the law must be substantially related to an important objective to be upheld.

Gender classifications are evaluated under intermediate (heightened) scrutiny in Equal Protection analysis. This standard requires the government to show that the classification serves an important governmental objective and that the means chosen are substantially related to achieving that objective. It sits between rational basis (where any plausible relation to a legitimate interest suffices) and strict scrutiny (where the objective must be compelling and the means narrowly tailored). The idea is that sex-based distinctions are not suspect but deserve more rigorous justification than ordinary classifications. So the law must be substantially related to an important objective to be upheld.