Also known as: exacting scrutiny · strict scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
The most demanding standard of judicial review. It requires the government to prove that a challenged law or policy serves a compelling interest and is narrowly tailored to achieve that interest.
The city council enacts a rule that prohibits the ritual slaughter of animals in a manner required by a particular faith while allowing other methods of killing animals for food. Madison Meyers, a practitioner of that faith, challenges the ordinance. The court applies most exacting scrutiny because the rule singles out religious conduct and finds that the city cannot show the ban is necessary to any compelling interest.
A city requires that a fixed percentage of public contracts go to minority-owned firms without evidence of past discrimination in the local construction industry. Michael Miller, a non-minority contractor, sues. The court subjects the program to most exacting scrutiny and invalidates it because general assertions of societal discrimination do not supply the required compelling justification.
Select any source to read its text and confirm it supports the definition.
A city allows officials to grant case-by-case exemptions from its rule barring agencies from rejecting same-sex couples but refuses to extend that flexibility to a religious agency. Maria Morales, who runs the agency, sues. The court applies most exacting scrutiny because the discretionary exemption mechanism renders the policy not generally applicable and finds the city cannot satisfy the standard.
A federal statute prevents registration of trademarks that are disparaging. Maurice Marshall seeks to register a mark that some find offensive. The court subjects the bar to most exacting scrutiny because it regulates private speech on the basis of viewpoint and holds that the government cannot justify the restriction under that standard.
A state statute limits inheritance rights of children born outside marriage. Melissa Mills, an affected child, challenges the law. The court applies most exacting scrutiny to the classification and concludes that the state's asserted interests do not justify the distinction.
A state law criminalizes the use of contraceptives by married couples. Mustafa Mahmoud and his spouse seek to obtain and use the devices. The court subjects the prohibition to most exacting scrutiny as an infringement on a fundamental liberty interest and invalidates the statute.
A law triggers most exacting scrutiny when it discriminates against religious status or practice by disqualifying otherwise eligible recipients from public benefits solely because of their religious character. This imposes a penalty on free exercise that the government must justify under the demanding standard.
Supporting sources
Most exacting scrutiny applies when a law is not neutral or generally applicable and targets religious conduct. Rational basis review applies only to neutral and generally applicable laws that incidentally burden religion. Under most exacting scrutiny the government must prove a compelling interest and narrow tailoring rather than merely a legitimate interest and rational relation.
Supporting sources
Yes. Content-based restrictions on protected speech, including viewpoint-based trademark rules and financial burdens on speech about crime, are subject to most exacting scrutiny and are presumptively unconstitutional unless narrowly tailored to a compelling interest.
Supporting sources
…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…