Under equal protection, what standard applies to classifications based on gender?

Under equal protection, what standard applies to classifications based on gender?

• A. Strict scrutiny
• B. Intermediate scrutiny, substantially related to an important government objective
• C. Rational basis
• D. Heightened scrutiny with important government objective

Answer: (B)

Gender classifications are reviewed under intermediate scrutiny. This requires the law to be substantially related to an important government objective, meaning the government must show that the classification serves a significant aim and that the means chosen are closely tied to achieving that aim. It’s more demanding than rational basis but not as strict as strict scrutiny, which demands a compelling objective and narrowly tailored means. The Court’s decisions in Craig v. Boren and United States v. Virginia illustrate this standard: gender-based classifications must rest on an objective of substantial importance and the means used must be substantially related to that objective.

Gender classifications are reviewed under intermediate scrutiny. This requires the law to be substantially related to an important government objective, meaning the government must show that the classification serves a significant aim and that the means chosen are closely tied to achieving that aim. It’s more demanding than rational basis but not as strict as strict scrutiny, which demands a compelling objective and narrowly tailored means. The Court’s decisions in Craig v. Boren and United States v. Virginia illustrate this standard: gender-based classifications must rest on an objective of substantial importance and the means used must be substantially related to that objective.