The Supreme Court is most likely to apply a standard of _____________ in ruling on the constitutionality of a law that classifies persons on the basis of gender.

Question

Quizplus · Accepted Answer

When a law classifies individuals based on their gender, the Supreme Court is most likely to apply a standard of heightened scrutiny. This means that the law must serve an important government interest and be substantially related to achieving that interest, but it must also not be overly restrictive of an individual's rights. This standard recognizes that gender-based classifications have historically led to discrimination and inequality, and therefore require close scrutiny by the court. Strict scrutiny is typically reserved for laws that involve suspect classifications such as race or national origin. Formal rationality and substantive justice are not applicable standards for assessing the constitutionality of gender-based classifications.

The Supreme Court Is Most Likely to Apply a Standard