Also known as: important government interest · intermediate scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A governmental objective that a classification or regulation must serve to survive intermediate scrutiny under the Equal Protection Clause or analogous First Amendment standards. The objective must be genuine rather than hypothesized and must be substantially related to the means chosen.
Isabelle Inman and her husband jointly own their home and media equipment. A state statute designates the husband as head of household and permits him alone to sell the jointly owned assets. Isabelle sues after her husband sells the equipment without her consent. The court applies intermediate scrutiny and finds that the statute fails because the gender classification does not advance an important governmental interest.
Insight Consulting operates a cable system and objects to a federal rule requiring carriage of local broadcast stations. The rule displaces some of the operator's preferred programming. The court applies intermediate scrutiny and upholds the regulation after determining that it advances important governmental interests in preserving broadcast access and is narrowly tailored.
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Imani Idowu applies to a state-supported military college that excludes women. The school defends the single-sex policy as necessary for military training. The court applies intermediate scrutiny and holds that the gender classification fails because the asserted interests are not genuine and rest on overbroad generalizations.
Ibrahim Iqbal, a political donor, challenges federal limits on contributions to candidates. The government defends the caps as preventing corruption. The court applies intermediate scrutiny and sustains the limits because they are closely drawn to a sufficiently important governmental interest in avoiding the appearance of corruption.
Iris Irons and other members of a religious group challenge a state law banning use of peyote. The state defends the prohibition as protecting public health. The court applies rational basis review rather than strict scrutiny and finds that the law serves a legitimate governmental interest unrelated to religion.
Inertia Dynamics seeks a permit to operate a group home for adults with intellectual disabilities. The city denies the permit citing neighbor concerns about property values and safety. The court applies rational basis review and finds that the denial rests on prejudice rather than any legitimate governmental interest.
Intermediate scrutiny requires the government to demonstrate that a gender classification serves important governmental objectives and is substantially related to achieving those objectives. The interest must be genuine and may not rest on overbroad generalizations.
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An important governmental interest is the standard under intermediate scrutiny while a compelling interest is required under strict scrutiny. Intermediate scrutiny applies to gender classifications and certain content-neutral speech regulations.
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Yes. Campaign contribution limits are reviewed under an intermediate standard that accepts preventing corruption or its appearance as a sufficiently important governmental interest when the limits are closely drawn.
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…required by clear and compelling governmental interests “of the highest order,” Yoder, supra , at 215. “Only an especially important governmental interest pursued by narrowly tailored means can justify exacting a sacrifice of First Amendment freedoms as the price for an equal share of the rights, benefits, and privileges enjoyed by other…