Also known as:intermediate standards · intermediate scrutiny · intermediate standard of review
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review positioned between strict scrutiny and rational basis review. It requires the government to demonstrate that a challenged classification serves an important governmental objective and that the classification is substantially related to achieving that objective.
Sources & Authorities
How it applies
Common Examples
6
Husband's Unilateral Property Sale
Ivan Ivanov and his wife jointly own farmland. A state statute designates the husband as head of household and permits him alone to pledge the assets for a loan. Ivan executes the pledge without his wife's consent. She sues, claiming the statute violates equal protection. The court applies intermediate scrutiny and invalidates the statute because the gender classification lacks an exceedingly persuasive justification substantially related to an important interest.
Must-Carry Cable Regulation
Integrity Partners operates a cable system. A federal rule requires carriage of local broadcast stations on its channels, displacing some of its preferred programming. The company challenges the rule as compelled speech. The court applies intermediate scrutiny and upholds the regulation after finding that it advances important interests in preserving broadcast access and does not burden substantially more speech than necessary.
Select any source to read its text and confirm it supports the definition.
Cases
Course Outlines
Study Supplements
Single-Sex Military Institute
Idris Ives applies to a state-supported military college that admits only men. The state defends the policy as preserving educational diversity. Ives sues under the Equal Protection Clause. The court applies intermediate scrutiny and strikes down the policy because the state fails to provide an exceedingly persuasive justification showing the gender classification is substantially related to an important objective.
Paternity Suit Limitations Period
Ismael Ibrahim seeks support for his nonmarital child six years after birth. State law imposes a six-year limit on such actions but allows marital children to seek support indefinitely. Ibrahim challenges the limit. The court applies intermediate scrutiny and invalidates the statute because the classification based on legitimacy is not substantially related to the state's interest in preventing stale claims.
Gender Drinking Age Distinction
State law sets a higher minimum drinking age for men than for women. A male plaintiff challenges the statute on equal protection grounds. The court applies intermediate scrutiny and invalidates the classification because it does not serve an important governmental objective via a substantial relationship.
Cruzan by Cruzan v. Director, Missouri Dept, of Health497 U.S. 261, 277 (1990)
Statutory Rape Gender Classification
A state statute criminalizes statutory rape for males but not females. A male defendant challenges the law under equal protection. The court applies intermediate scrutiny and upholds the statute because the gender classification is substantially related to the important interest in preventing teenage pregnancy.
City of Cleburne, Texas, et al. v. Cleburne Living Center, Inc., et al.473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985)
Common questions
Frequently Asked
4
When does a court apply intermediate scrutiny instead of strict scrutiny or rational basis?+
Courts apply intermediate scrutiny to quasi-suspect classifications such as gender and illegitimacy. The government must show an important objective and a substantial relationship between the classification and that objective.
Supporting sources
What must the government prove under intermediate scrutiny for a gender classification?+
The government bears the burden of providing an exceedingly persuasive justification. The justification must be genuine and the classification must be substantially related to an important governmental objective without relying on overbroad stereotypes.
Supporting sources
Does intermediate scrutiny apply to content-neutral speech regulations?+
Yes. Content-neutral rules such as must-carry requirements are reviewed under intermediate scrutiny. The government must demonstrate that the regulation advances important interests unrelated to speech suppression and does not burden substantially more speech than necessary.
Supporting sources
How does the intermediate standard of proof differ from the scrutiny standard?+
The intermediate standard of proof requires clear and convincing evidence in certain civil proceedings involving important individual interests. It is distinct from the intermediate scrutiny applied to classifications under equal protection.
Supporting sources
521 U.S. 507 (1997)Property
…holding attempted by RFRA. Even assuming RFRA would be interpreted in effect to mandate some lesser test, say, one equivalent to intermediate scrutiny, the statute nevertheless would require searching judicial scrutiny of state law with the attendant likelihood of invalidation. This is a considerable congressional intrusion into the…