Heightened scrutiny

Definition

Heightened scrutiny is a legal standard applied by courts when evaluating government actions that affect certain rights or classifications, particularly those related to suspect classes like race and gender. This standard requires the government to demonstrate that its actions serve an important governmental interest and are substantially related to achieving that interest, providing a more rigorous examination than rational basis review but less intense than strict scrutiny.

5 Must Know Facts For Your Next Test

1. Heightened scrutiny applies mainly in cases involving classifications based on gender and legitimacy, and sometimes for other categories such as sexual orientation.
2. Under heightened scrutiny, the burden of proof lies with the government to justify its discriminatory action, making it harder for the government to prevail compared to rational basis review.
3. The origins of heightened scrutiny can be traced back to landmark Supreme Court cases like Craig v. Boren, which established the standard for gender discrimination.
4. Heightened scrutiny can lead to significant legal victories for individuals challenging discriminatory laws or policies, as courts are more inclined to rule in favor of plaintiffs under this standard.
5. Judicial interpretation of heightened scrutiny can evolve over time, affecting how it is applied in different cases and potentially expanding the scope of protections against discrimination.

Review Questions

• What distinguishes heightened scrutiny from rational basis review in terms of judicial examination of laws?
  • Heightened scrutiny differs from rational basis review primarily in the level of examination applied by the courts. While rational basis review requires only that a law be rationally related to a legitimate governmental interest, heightened scrutiny demands that the government demonstrate its actions serve an important governmental interest and are substantially related to achieving that interest. This makes heightened scrutiny a more stringent standard, providing greater protection against discriminatory practices.
• Discuss how heightened scrutiny has evolved through significant court cases and its impact on gender discrimination laws.
  • Heightened scrutiny has evolved significantly through landmark Supreme Court cases such as Craig v. Boren, which established a framework for evaluating gender discrimination claims. In this case, the Court ruled that laws discriminating based on gender must meet the heightened scrutiny standard, thus recognizing gender as a classification deserving of special protection. This evolution has had a profound impact on gender discrimination laws, enabling courts to strike down statutes that fail to meet this rigorous standard and promote greater equality.
• Evaluate the implications of heightened scrutiny on contemporary legal battles regarding discrimination against LGBTQ+ individuals.
  • The implications of heightened scrutiny on contemporary legal battles regarding discrimination against LGBTQ+ individuals are significant as courts increasingly recognize sexual orientation as a category that may warrant this level of judicial examination. By applying heightened scrutiny, courts can impose stricter requirements on laws that discriminate against LGBTQ+ individuals, pushing back against policies seen as unjust or discriminatory. As legal precedents evolve, this could lead to broader protections and affirmations of rights for LGBTQ+ individuals, further influencing public policy and societal norms regarding equality.

Related terms

strict scrutiny: A legal standard used by courts to evaluate laws that discriminate based on race or national origin, requiring the government to show that its law serves a compelling interest and is narrowly tailored to achieve that interest.

rational basis review: The lowest level of scrutiny applied by courts when reviewing government actions, requiring only that the law be rationally related to a legitimate governmental interest.

equal protection clause: A provision in the Fourteenth Amendment of the U.S. Constitution that prohibits states from denying any person within its jurisdiction equal protection under the law.