Heightened scrutiny

Definition

Heightened scrutiny is a legal standard used by courts to evaluate laws or government actions that classify individuals based on certain characteristics, such as race or gender. This standard requires the government to demonstrate that such classifications serve an important governmental objective and are substantially related to achieving that objective, setting a higher bar for justification compared to rational basis review.

5 Must Know Facts For Your Next Test

1. Heightened scrutiny is typically applied in cases involving gender discrimination or illegitimate children, requiring the government to provide more robust justifications for their classifications.
2. The application of heightened scrutiny reflects a recognition that certain groups have historically faced discrimination and therefore deserve greater protection under the law.
3. Courts utilizing heightened scrutiny often look for evidence that laws are not just designed to achieve a legitimate aim, but also that they do so in a manner that is not overly broad or arbitrary.
4. When evaluating claims under heightened scrutiny, courts will assess both the importance of the governmental interest and how closely related the means used are to achieving that interest.
5. Not every classification receives heightened scrutiny; only those deemed inherently suspect or involving sensitive characteristics warrant this level of examination.

Review Questions

• How does heightened scrutiny differ from strict scrutiny and rational basis review in terms of the standards applied by courts?
  • Heightened scrutiny falls between strict scrutiny and rational basis review. While strict scrutiny requires the government to show a compelling interest and narrow tailoring of laws infringing on fundamental rights or involving suspect classifications, heightened scrutiny demands that the government prove an important interest and substantial relation between the law and that interest. Rational basis review, on the other hand, is much less demanding, requiring only that a law be rationally related to a legitimate governmental interest. Thus, heightened scrutiny requires more rigorous justification than rational basis but less than strict scrutiny.
• Discuss the significance of heightened scrutiny in protecting historically marginalized groups within legal frameworks.
  • Heightened scrutiny plays a crucial role in protecting historically marginalized groups by recognizing that these groups have faced systemic discrimination. By applying this standard, courts ensure that laws and policies affecting these groups are subjected to greater examination and justification. This helps to prevent arbitrary or discriminatory treatment and promotes fairness in legal interpretations. The use of heightened scrutiny thus acts as a safeguard against potential abuses of power and helps uphold principles of equality as outlined in the Equal Protection Clause.
• Evaluate the impact of heightened scrutiny on contemporary legal debates surrounding gender discrimination and LGBTQ+ rights.
  • Heightened scrutiny has significantly influenced contemporary legal debates regarding gender discrimination and LGBTQ+ rights by providing a more robust framework for evaluating laws that affect these groups. For instance, in cases involving gender discrimination, courts have required stronger justifications from the government when addressing issues like pay disparity or reproductive rights. Similarly, with recent advancements in LGBTQ+ rights, courts are increasingly applying heightened scrutiny to laws affecting this community, leading to landmark decisions that enhance protections against discrimination. The evolving interpretation of heightened scrutiny thus continues to shape important legal landscapes and contribute to advancing equality for marginalized populations.

Related terms

Strict scrutiny: The highest standard of judicial review applied to laws that infringe on fundamental rights or involve suspect classifications, requiring a compelling governmental interest and the least restrictive means of achieving that interest.

Rational basis review: A lower standard of judicial review that applies to most laws, where the government only needs to show that a law is rationally related to a legitimate governmental interest.

Equal protection clause: Part of the 14th Amendment to the U.S. Constitution, it mandates that no state shall deny any person within its jurisdiction the equal protection of the laws.