Also known as: substantially related to important governmental interest · substantially related to an important government interest · intermediate scrutiny · Craig standard
Written by attorneys · grounded in primary & secondary sources — see below
A standard of review under which a classification must advance an important governmental objective through means that are substantially related to achieving that objective.
Samantha Stone and her husband jointly owned several parcels of land. A state statute designated the husband as head of household and permitted him alone to sell or mortgage the property. Samantha sued after her husband unilaterally encumbered the land without her consent. The court applied intermediate scrutiny and held that the gender classification failed because it was not substantially related to an important governmental interest.
Synergy Systems operated a cable network and objected to federal must-carry provisions that required it to dedicate channels to local broadcasters. The rules displaced some of the operator's preferred programming. Synergy Systems sued, claiming the mandate violated the First Amendment. The court applied intermediate scrutiny and examined whether the provisions advanced important interests unrelated to suppressing speech.
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Sierra Santos and other qualified women applied to a state military college that admitted only men. The state defended the policy by citing its interest in producing citizen-soldiers through a distinctive adversative method. The applicants sued under the Equal Protection Clause. The court required the state to demonstrate an exceedingly persuasive justification showing the gender classification was substantially related to an important governmental objective.
Samuel Soto, a nonmarital child, sought support from his father after the six-year limitations period had expired. State law allowed marital children to pursue support claims at any time. Samuel's guardian sued, arguing the shorter deadline for nonmarital children violated equal protection. The court applied intermediate scrutiny and held that the classification based on illegitimacy was not substantially related to an important governmental objective.
Seth Shapiro, a nineteen-year-old male, attempted to purchase 3.2 percent beer in a state that set the minimum age at twenty-one for males and eighteen for females. A licensed vendor joined the suit after being cited for sales to young men. They challenged the statute under the Equal Protection Clause. The court required the state to show that the gender classification was substantially related to an important governmental interest in traffic safety.
Sofia Stern operated a women's health clinic subject to a state rule that imposed unique facility requirements only on providers offering services predominantly used by women. The regulation cited patient health as its goal. Stern sued, alleging the classification failed equal protection. The court applied intermediate scrutiny to determine whether the gender distinction was substantially related to an important governmental interest.
Gender classifications receive intermediate scrutiny. The government must show that the classification serves an important governmental objective and that the discriminatory means are substantially related to achieving that objective.
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No. Reliance on traditional gender roles or administrative ease does not supply an important governmental objective that is substantially related to the classification. The justification must be genuine and exceedingly persuasive.
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Classifications based on illegitimacy also receive intermediate scrutiny. A statute imposing a shorter limitations period for paternity actions by nonmarital children fails the test when the state cannot show a substantial relationship to preventing stale claims.
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…be substantially related to achievement of those objectives. Statutes that discriminate on the basis of gender are subject to intermediate scrutiny. The statute here does not withstand that scrutiny. While the objective of enhancing traffic safety is important, the statistical surveys offered by the State do not adequately justify the…