Also known as: heightened equal protection scrutiny · heightened scrutiny · intermediate scrutiny · strict scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review under the Equal Protection Clause that applies when a government classification burdens a fundamental right or targets a suspect or quasi-suspect class. The government must demonstrate that the classification is substantially related to an important governmental objective or narrowly tailored to a compelling interest.
Hassan Hakim's religious community performs animal slaughter according to traditional rites. The city enacts an ordinance that singles out this method while permitting other forms of animal killing for secular purposes. Hakim challenges the law under the Free Exercise Clause. The court applies heightened review because the ordinance is not neutral and fails to satisfy strict scrutiny.
Hana Hashimoto owns a construction firm that bids on city projects. The city reserves a percentage of contracts for minority-owned businesses based only on general societal discrimination. Hashimoto sues under the Equal Protection Clause. The court subjects the program to heightened review and invalidates it for lacking a strong basis in evidence of specific past discrimination.
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Hannah Hale runs a religiously affiliated foster agency. City policy bars agencies from declining same-sex couples but allows officials to grant individualized exemptions for other reasons. Hale's agency is denied certification after refusing to place children with same-sex couples. The court applies heightened review because the discretionary exemption mechanism renders the policy not generally applicable.
Hakim Hall and his wife seek contraceptives from a state clinic. A statute prohibits their use by married couples. Hall challenges the law under the Due Process Clause. The court subjects the restriction to heightened review because it invades the fundamental right of marital privacy.
Hannah Hughes applies to a state-sponsored insurance internship open only to male students. The program rests on the assumption that men perform better in risk-assessment roles. Hughes sues under the Equal Protection Clause. The court applies heightened review and strikes down the gender classification for lacking an exceedingly persuasive justification.
Hiroshi Hasegawa seeks to inherit from his deceased father under state law that bars illegitimate children from sharing in estates. The statute is defended as promoting accurate estate administration. Hasegawa brings an equal protection challenge. The court applies heightened review because classifications based on illegitimacy require more than rational basis justification.
Heightened review applies when the classification burdens a fundamental right or targets a suspect or quasi-suspect class such as race or gender. The government then must satisfy strict or intermediate scrutiny rather than merely showing a rational relationship to a legitimate interest.
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The government must provide an exceedingly persuasive justification showing the classification is substantially related to an important objective. The justification must be genuine and cannot rely on overbroad stereotypes that perpetuate the inferiority of women.
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No. Strict scrutiny requires a strong evidentiary basis of specific past discrimination in the relevant industry and jurisdiction. General societal discrimination is insufficient to justify set-asides for minority contractors.
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A policy that permits individualized exemptions is not generally applicable. It therefore triggers heightened review because the government must show the policy is necessary to a compelling interest and narrowly tailored.
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…law restricting marriage to opposite-sex couples constituted a classification on the basis of sex and was therefore subject to strict scrutiny under the Hawaii Constitution. Baehr v. Lewin , 74 Haw. 530, 852 P. 2d 44. Although this decision did not mandate that same-sex marriage be allowed, some States were concerned by its…