Also known as: semi-suspect class · semi-suspect classification · semi-suspects · quasi-suspect · intermediate scrutiny class
Written by attorneys · grounded in primary & secondary sources — see below
A classification based on gender or illegitimacy that receives intermediate scrutiny under the Equal Protection Clause. The classification must be substantially related to an important governmental objective.
Zenith Places sought a special use permit to operate a group home for adults with intellectual disabilities in a residential zone. The zoning board denied the permit after neighbors objected that the residents would be dangerous and lower property values. A court applied rational basis review because the classification was not semi-suspect and struck down the denial as resting on impermissible prejudice rather than any legitimate interest.
A state required all subway operators to retire at age 57 to ensure quick reflexes. Lena, a 57-year-old operator, challenged the rule as age discrimination. The court applied rational basis review because age is not a semi-suspect classification and upheld the rule as rationally related to passenger safety.
Select any source to read its text and confirm it supports the definition.
A state agency refused to hire applicants with certain intellectual disabilities for supervisory roles. The applicants sued, claiming the policy violated equal protection. The court applied rational basis review because intellectual disability classifications are not semi-suspect and upheld the policy after finding a rational connection to job performance needs.
A state denied free public education to children who were present in the country illegally. Families challenged the exclusion under equal protection. The court applied rational basis review because the classification was not semi-suspect and examined whether the policy rationally advanced a legitimate state interest in resource allocation.
Voters approved a state constitutional amendment that barred any governmental entity from enacting protections for sexual orientation. Affected individuals challenged the amendment. The court applied rational basis review because the classification was not semi-suspect and invalidated the amendment as lacking any legitimate governmental purpose.
Gender and illegitimacy are the two traits treated as semi-suspect. Any government classification based on either trait must be substantially related to an important governmental objective.
Supporting sources
Intermediate or middle-level review applies. The classification must be substantially related to an important governmental objective rather than necessary to a compelling interest or merely rationally related to a legitimate one.
Supporting sources
No. Such classifications receive only rational basis review. Even under that standard the government may not act from mere prejudice against the group.
Rational basis review still applies, but the government cannot rely on prejudice or negative attitudes as a legitimate interest. A zoning denial driven solely by community fears about residents with intellectual disabilities therefore violates equal protection.
…Clause—is the governing standard. The trial court rejected respondents' argument that homosexuals constitute a "suspect" or "quasi-suspect" class, and respondents elected not to appeal that ruling to the Supreme Court of Colorado. See 882 P. 2d 1335, 1341, n. 3 (1994). And the Court implicitly rejects the Supreme Court of…