Also known as:governmental interest · government interest · government interests · state interests · compelling interest
Written by attorneys · grounded in primary & secondary sources — see below
An objective or policy concern advanced by a government to justify regulatory measures or to support application of its law in multistate disputes. Courts assess whether the interest is legitimate, important, or compelling and whether the challenged action is tailored to advance it.
Sources & Authorities
How it applies
Common Examples
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Marriage Restriction Challenged
Grace Gupta owed unpaid child support in Wisconsin. She sought to marry but the state required court approval because of the arrears. The court evaluated whether the restriction served sufficiently important governmental interests and was closely tailored to them, ultimately striking down the barrier as insufficiently connected to the state's goals.
Permit Condition Imposed
George Garcia sought a development permit for his coastal lot. The city conditioned approval on his granting a public beach easement. The court examined whether an essential nexus existed between the easement demand and a legitimate governmental interest that would have justified denying the permit outright.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Course Outlines
Gideon Graves contributed to a political party in excess of federal caps. Regulators defended the limits by citing the government's interest in preventing corruption and the appearance of corruption. The court weighed whether that interest justified the restrictions on political association.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Emissions Regulation Upheld
Galaxy Technologies challenged EPA rules requiring reductions in greenhouse gases from its plants. The agency pointed to its interest in addressing climate change and protecting public health. The court assessed whether that governmental interest supported federal authority to regulate the emissions.
Massachusetts, et al. v. Environmental Protection Agency, et al.549 U.S. 497, 127 S. Ct. 1438, 167 L. Ed. 2d 248 (2007)
Violence Against Women Act Reviewed
Greta Goldstein sued under the federal Violence Against Women Act after suffering gender-motivated violence. The government defended the statute by invoking its interest in protecting women and regulating interstate commerce. The court scrutinized whether those interests supported Congress's authority to create the civil remedy.
United States v. Morrison529 U.S. 598 (2000)
Land Redistribution Program
Gustavo Gutierrez owned large tracts of land in Hawaii. The state sought to condemn portions for redistribution to reduce oligopoly ownership. The court considered whether the state's interest in correcting a concentrated land market constituted a valid public purpose supporting the takings.
Hawai`i Housing Authority v. Midkiff467 U.S. 229, 233-234 (1984)
Common questions
Frequently Asked
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How do courts determine if a governmental interest is sufficient to uphold a restriction on a fundamental right?+
Courts first identify whether the asserted interest is legitimate, important, or compelling depending on the level of scrutiny. They then examine whether the restriction is closely tailored or narrowly drawn to advance only that interest rather than broader or unrelated goals.
Supporting sources
What role does a governmental interest play in evaluating land-use exactions?+
The government must show an essential nexus between the demanded property interest and a legitimate governmental interest that would justify denying the permit. The exaction must also be roughly proportional to the development's impact.
Supporting sources
Can a generalized interest in public welfare always justify zoning changes?+
No. Zoning must bear a substantial relation to legitimate governmental interests in health, safety, or general welfare. Arbitrary spot zoning that singles out one parcel without a planning justification fails this test.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…way, and for whatever reason she alone chooses. With this we do not agree. Appellant's arguments that Texas either has no compelling interest whatsoever in regulating abortion or, in any event, that it has no compelling interest until the point of viability is reached, are unpersuasive. As noted above, a State may properly assert…