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Levels of Scrutiny in Equal Protection

The document discusses different types of legal classifications and levels of scrutiny used in determining if a law is discriminatory. It identifies facially discriminatory laws that explicitly discriminate based on race, national origin or alienage as subject to strict scrutiny. Facially neutral laws that discriminate based on other attributes like gender are subject to intermediate scrutiny if they are substantially related to an important government purpose. Laws facing rational basis scrutiny place the burden of proof on the challenger to show the law is not reasonably related to a legitimate purpose.

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Laurie Smith
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470 views1 page

Levels of Scrutiny in Equal Protection

The document discusses different types of legal classifications and levels of scrutiny used in determining if a law is discriminatory. It identifies facially discriminatory laws that explicitly discriminate based on race, national origin or alienage as subject to strict scrutiny. Facially neutral laws that discriminate based on other attributes like gender are subject to intermediate scrutiny if they are substantially related to an important government purpose. Laws facing rational basis scrutiny place the burden of proof on the challenger to show the law is not reasonably related to a legitimate purpose.

Uploaded by

Laurie Smith
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
  • Classification and Discrimination Overview

What is the classification?

Facially Discriminatory

Facially Neutral

What is it discriminating against?

Race, National Origin, Aliens

Anything Else Gender, nonmarital children


Rational Basis: A minimum level of scrutiny. The challenger has the burden of proof.

The text of the law draws a distinction among people base on race or national origin.

The administration of the law has a discriminatory act and can prove discriminatory purpose.

Facially Discriminatory

Facially Neutral

Gender discrimination based on stereotypes is not allowed, and gender classifications benefiting women designed to remedy past discrimination is allowed.

Does the law have a legitimate purpose?

Strict Scrutiny: Upheld only if it is proven necessary to achieve a compelling purpose. Burden is on state and is almost always struck down.

Intermediate Upheld only if is substantially related to an important government purpose. Burden of justification is on the state and is demanding.

Are the classifications drawn in a statute are reasonable in light or its purpose?

What is the classification? Facially Discriminatory Facially Neutral What is it discriminating against? Race, Nation

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