Also known as: suspect classes · suspect classification · suspect classifications · suspect classification doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A classification of persons that triggers strict scrutiny under the Equal Protection Clause because the characteristic is immutable or has been the subject of historical discrimination. The classification must be based on factors such as race or national origin to qualify.
Sean Steele, a physically fit 51-year-old officer, challenges a state law requiring retirement at age 50. The department defends the rule as ensuring a capable force. Because age is not a suspect class, the court applies rational basis review and upholds the statute.
Sierra Santos seeks a permit to open a group home for the mentally retarded in a residential zone. City officials deny the application citing neighborhood concerns. Mental retardation is not a suspect class, so the court reviews the denial under rational basis and finds the ordinance invalid as applied.
Select any source to read its text and confirm it supports the definition.
Scott Summers, an illegitimate child, is barred from inheriting from his father under state law. The statute distinguishes children based on birth status. Illegitimacy is not a suspect class, so the court applies intermediate scrutiny and strikes down the classification.
Simon Stern is prosecuted under a state law criminalizing same-sex conduct. He argues the statute targets homosexuals as a class. Homosexuality has not been recognized as a suspect class, so the court applies rational basis review and upholds the law.
Sydney Santos, a white applicant, is denied admission under a university program reserving spots for minority candidates. Race is a suspect class, triggering strict scrutiny of the racial classification.
Sabrina Shah challenges a legislative district map that dilutes her party's voting strength. She alleges the plan targets a political group. Political affiliation is not a suspect class, so the court applies rational basis review to the redistricting.
Strict scrutiny applies. The government must show the classification is narrowly tailored to serve a compelling interest.
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No. Age classifications receive only rational basis review even when they affect physically fit individuals.
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Wealth lacks the traditional indicia of suspectness such as immutability and a history of purposeful unequal treatment. School financing systems based on district property values therefore receive rational basis review.
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No. Entry into the class results from voluntary unlawful conduct. Laws burdening undocumented aliens receive rational basis review unless they affect education of children in a manner creating a permanent underclass.
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The Court examines whether the characteristic is immutable, whether the group has suffered a history of discrimination, and whether the group is politically powerless. Mental retardation and homosexuality have been held not to qualify.
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…protection claim must fail, since it is not to be judged by the strict scrutiny standard employed when a fundamental interest or suspect classification is involved, see, e. g. , Dunn v. Blumstein , 405 U. S. 330 (1972), and Korematsu v. United States , 323 U. S. 214 (1944), or by the somewhat less strict standard of Craig v. Boren ,…