Also known as: sex based classification · sex-based classifications · gender-based classification · sex classification
Written by attorneys · grounded in primary & secondary sources — see below
A classification drawn by government on the basis of sex or gender that receives intermediate scrutiny under the Equal Protection Clause.
Selena Singh and Steven Silva jointly own streaming rights. A state statute lets only the husband license the rights as head of household. Steven signs alone. Selena sues, claiming the rule creates an invalid sex-based classification that cannot survive intermediate scrutiny.
Sylvia Santos, a service member, seeks housing benefits for her spouse. A federal rule grants automatic benefits only when the service member is male. Sylvia challenges the rule as a sex-based classification lacking an exceedingly persuasive justification.
Select any source to read its text and confirm it supports the definition.
Seth Shapiro applies to a state military college open only to men. The school defends the policy as preserving its historic mission. Shapiro sues, arguing the exclusion is a sex-based classification that fails to show an exceedingly persuasive justification.
Stella Shapiro seeks alimony after divorce. State law imposes the obligation only on husbands. Stella's former spouse challenges the statute as an impermissible sex-based classification that rests on outdated stereotypes.
Scott Summers and another man seek a marriage license. State officials refuse on the ground that marriage is limited to opposite-sex couples. The couple sues, contending the restriction imposes a sex-based classification that violates equal protection.
Selena Singh applies to a state nursing program open only to women. Officials reject her application. Singh sues, asserting that the single-sex policy is a sex-based classification without an exceedingly persuasive justification.
Intermediate scrutiny applies. The government must show an exceedingly persuasive justification that the classification serves an important governmental objective and is substantially related to that objective.
Supporting sources
Yes. The statute draws an explicit line based on the sex of the spouse and therefore triggers intermediate scrutiny under the Equal Protection Clause.
Supporting sources
It can if the classification is substantially related to an important governmental objective of remedying past discrimination and does not rely on overbroad stereotypes.
Supporting sources
The government must demonstrate an exceedingly persuasive justification showing that the classification is substantially related to an important objective that is genuine and not hypothesized after the fact.
Supporting sources
…in the 1970’s and 1980’s. Notwithstanding the gradual erosion of the doctrine of coverture, see supra , at 6, invidious sex-based classifications in marriage remained common through the mid-20th century. See App. to Brief for Appellant in Reed v. Reed , O. T. 1971, No. 70–4, pp. 69–88 (an extensive reference to laws extant as of…