Also known as: government interest test · governmental interests test · compelling governmental interest
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional standard of review that subjects governmental action employing suspect classifications or burdening fundamental rights to strict scrutiny. The government must demonstrate that the action is narrowly tailored to further a compelling governmental interest.
Pioneer Orbit, an aerospace firm without the required racial ownership profile, bids on an EPA satellite launch contract. The agency rejects the bid solely because the firm fails the majority equity ownership rule for designated racial groups. Pioneer Orbit sues, arguing the restriction cannot survive the governmental interest test.
A city enacts an ordinance that bans only the animal slaughter method used by Santeria practitioners. The city claims the ban protects public health. Practitioners challenge the ordinance, asserting it fails the governmental interest test because it singles out religious conduct.
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A federal statute restricts online distribution of material harmful to minors. Online publishers sue, claiming the law burdens protected speech. The court applies the governmental interest test to decide whether the restriction is narrowly tailored to a compelling interest.
A state requires one year of residency before new arrivals may vote in state elections. Recent residents challenge the rule as burdening the right to travel. The court uses the governmental interest test to evaluate whether the residency requirement serves a compelling interest.
A state demands one year of residency before filing for divorce. A spouse who recently moved challenges the rule as infringing the right to travel. The court applies the governmental interest test to assess the residency rule.
A state reduces welfare benefits for residents who have lived in the state less than one year. New residents sue, claiming the limit burdens the right to travel. The court evaluates the policy under the governmental interest test.
The test triggers strict scrutiny whenever a law employs a suspect classification such as race or burdens a fundamental right such as the right to travel or free exercise. Once strict scrutiny applies, the government must prove both a compelling interest and narrow tailoring.
Supporting sources
Yes. All governmental racial classifications, whether imposed by federal, state, or local governments, are subject to the same strict scrutiny standard under the governmental interest test.
Supporting sources
The government must identify a compelling interest that is genuine and not hypothesized, such as remedying identified past discrimination rather than general societal discrimination. Mere assertions of diversity or administrative convenience do not suffice.
When a law contains a system of individualized exemptions, it is not generally applicable. The governmental interest test then requires strict scrutiny even if the law appears neutral on its face.
Supporting sources
…imposes a discriminatory burden on those who have traveled to the State is invalid unless shown to be necessary to promote a compelling governmental interest. Shapiro v. Thompson , 394 U. S. 618; Memorial Hospital v. Maricopa County , 415 U. S. 250; Dunn v. Blumstein , 405 U. S. 330. (b) The classifications challenged in this case are…