Also known as: intermediate scrutiny · intermediate level of scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A level of judicial review applied to certain classifications such as those based on gender or illegitimacy. The government must demonstrate that the classification serves an important governmental objective and is substantially related to achieving that objective.
Leah and Mark co-own farmland under a state statute that automatically names the husband head of household and lets him pledge the assets alone. Mark pledges the property without Leah's consent. Leah challenges the statute on equal protection grounds and prevails because the gender classification lacks an exceedingly persuasive justification.
Elm Solar operates a regional grid portal that displays its own efficiency messages. A federal board orders the operator to devote fifteen percent of the space to government conservation tips. Elm Solar sues claiming a First Amendment violation. The order survives because it advances grid stability through content-neutral means that do not burden substantially more speech than necessary.
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Professor Linda Chen and her husband jointly own courseware created under a state university grant. A statute lets only married male professors license the materials unilaterally. Linda's husband withholds consent and blocks a license. Linda sues and the court strikes the statute down because the gender line rests on overbroad generalizations rather than a genuine important objective.
A state statute gives marital children an unlimited period to seek support but imposes a six-year limit on actions brought for nonmarital children. The mother of a nonmarital child files suit after the period expires. The court invalidates the distinction because the state failed to show that the shorter period is substantially related to preventing stale claims.
The government must supply an exceedingly persuasive justification showing that the classification serves an important governmental objective and is substantially related to achieving that objective. The interest must be genuine and may not rest on overbroad generalizations about the roles of men and women.
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Yes. Content-neutral regulations such as must-carry rules for cable operators receive intermediate scrutiny. The government must show that the regulation advances important interests unrelated to the suppression of speech and does not burden substantially more speech than necessary.
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The statute creates a facial gender classification by granting authority solely to husbands. No important governmental objective is substantially advanced by the sex-based line because gender-neutral alternatives such as requiring mutual consent achieve the same administrative goals.
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Classifications based on illegitimacy receive intermediate scrutiny and must be substantially related to an important governmental objective. A six-year limitations period that applies only to nonmarital children fails the test when the state cannot show a substantial relationship to preventing stale claims.
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